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Key: (1) language to be deleted (2) new language

CHAPTER 115--H.F.No. 5237

An act

relating to children; modifying provisions related to prekindergarten through grade 12 general education, education excellence, the Read Act, American Indian education, teachers, charter schools, special education, school facilities, school nutrition, libraries, state agencies, early childhood education, child protection and welfare, economic supports, housing and homelessness, child care licensing, the Department of Children, Youth, and Families, the Minnesota Indian Family Preservation Act, children and families policy, and Department of Human Services policy; providing for Human Services forecast adjustments; providing for supplemental funding; providing for rulemaking; requiring reports; appropriating money;

amending Minnesota Statutes 2022, sections 13.321, by adding a subdivision; 16A.103, by adding a subdivision; 120A.41; 121A.035; 121A.15, subdivision 3, by adding a subdivision; 122A.415, by adding a subdivision; 122A.73, subdivision 4; 123B.71, subdivision 8; 124D.093, subdivisions 4, 5; 124D.19, subdivision 8; 124D.65, by adding a subdivision; 124D.957, subdivision 1; 124E.22; 125A.63, subdivision 5; 126C.05, subdivision 15; 126C.10, subdivision 13a; 127A.45, subdivisions 12, 13, 14a; 127A.51; 144.966, subdivision 2; 243.166, subdivision 7, as amended; 245.975, subdivisions 2, 4, 9; 245A.04, subdivision 10; 245A.065; 245A.10, subdivisions 1, as amended, 2, as amended; 245A.14, subdivision 17; 245A.144; 245A.175; 245A.52, subdivision 2, by adding a subdivision; 245A.66, subdivision 2; 245C.08, subdivision 4; 245E.08; 245H.01, by adding subdivisions; 245H.08, subdivision 1; 245H.14, subdivisions 1, 4; 256.029, as amended; 256.045, subdivisions 3b, as amended, 5, as amended, 7, as amended; 256.0451, subdivisions 1, as amended, 22, 24; 256.046, subdivision 2, as amended; 256E.35, subdivision 5; 256J.08, subdivision 34a; 256J.28, subdivision 1; 256N.22, subdivision 10; 256N.24, subdivision 10; 256N.26, subdivisions 12, 13, 15, 16, 18, 21, 22; 256P.05, by adding a subdivision; 259.20, subdivision 2; 259.37, subdivision 2; 259.53, by adding a subdivision; 259.79, subdivision 1; 259.83, subdivision 4; 260.755, subdivisions 2a, 5, 14, 17a, by adding subdivisions; 260.775; 260.785, subdivisions 1, 3; 260.810, subdivision 3; 260C.007, subdivisions 5, 6, 26b, by adding subdivisions; 260C.141, by adding a subdivision; 260C.178, subdivisions 1, as amended, 7; 260C.202; 260C.209, subdivision 1; 260C.212, subdivisions 1, 2, 13; 260C.301, subdivision 1, as amended; 260C.331, by adding a subdivision; 260C.515, subdivision 4; 260C.607, subdivisions 1, 6; 260C.611; 260C.613, subdivision 1; 260C.615, subdivision 1; 260D.01; 260E.03, subdivision 23, as amended, by adding a subdivision; 260E.14, subdivision 3; 260E.30, subdivision 3, as amended; 260E.36, subdivision 1a; 393.07, subdivision 10a; 518.17, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 13.46, subdivision 4, as amended; 119B.011, subdivision 15; 119B.16, subdivisions 1a, 1c; 119B.161, subdivision 2; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4, 5; 120B.024, subdivision 1; 120B.124, subdivision 1, by adding a subdivision; 121A.642; 122A.415, subdivision 4; 122A.73, subdivisions 2, 3; 122A.77, subdivisions 1, 2; 123B.71, subdivision 12; 123B.92, subdivision 11; 124D.111, subdivision 3; 124D.142, subdivision 2, as amended; 124D.151, subdivision 6; 124D.165, subdivisions 3, 6; 124D.65, subdivision 5, as amended; 124D.81, subdivision 2b; 124D.901, subdivision 3; 124D.98, subdivision 5; 124D.995, subdivision 3; 124E.13, subdivision 1; 126C.10, subdivisions 2e, 3, 3a, 3c, 4, 18a; 126C.40, subdivision 6; 127A.21; 134.356, by adding subdivisions; 144.2252, subdivision 2; 144.2253; 245A.02, subdivision 2c; 245A.03, subdivision 7, as amended; 245A.16, subdivisions 1, as amended, 11; 245A.50, subdivisions 3, 4; 245A.66, subdivision 4, as amended; 245C.02, subdivision 6a; 245C.033, subdivision 3; 245C.10, subdivision 15; 245H.06, subdivisions 1, 2; 245H.08, subdivisions 4, 5; 256.01, subdivision 12b; 256.043, subdivisions 3, 3a; 256.045, subdivision 3, as amended; 256.046, subdivision 3; 256B.0625, subdivision 26; 256B.0671, by adding a subdivision; 256E.35, subdivision 2; 256E.38, subdivision 4; 256M.42, by adding a subdivision; 256P.06, subdivision 3; 259.83, subdivisions 1, 1b, 3a; 260.755, subdivisions 1a, 3, 3a, 5b, 20, 22; 260.758, subdivisions 2, 4, 5; 260.761; 260.762; 260.763, subdivisions 1, 4, 5; 260.765, subdivisions 2, 3a, 4b; 260.771, subdivisions 1a, 1b, 1c, 2b, 2d, 6, by adding a subdivision; 260.773, subdivisions 1, 2, 3, 4, 5, 10, 11; 260.774, subdivisions 1, 2, 3; 260.781, subdivision 1; 260.786, subdivision 2; 260.795, subdivision 1; 260E.02, subdivision 1, as amended; 260E.03, subdivisions 15a, 15b, 22; 260E.14, subdivision 5; 260E.17, subdivision 1; 260E.18; 260E.20, subdivision 2; 260E.24, subdivisions 2, 7; 260E.33, subdivision 1; 260E.35, subdivision 6; 518A.42, subdivision 3; Laws 1987, chapter 404, section 18, subdivision 1; Laws 2023, chapter 18, section 4, subdivisions 2, as amended, 3, as amended; Laws 2023, chapter 54, section 20, subdivisions 6, 24; Laws 2023, chapter 55, article 1, section 36, subdivisions 2, as amended, 8, 13; article 2, sections 61, subdivision 4; 64, subdivisions 2, as amended, 6, as amended, 9, 14, 16, 26, 31, 33; article 3, section 11, subdivisions 3, 4; article 5, sections 64, subdivisions 3, as amended, 5, 13, 15, 16; 65, subdivisions 3, 6, 7; article 7, section 18, subdivision 4, as amended; article 8, section 19, subdivisions 5, 6, as amended; article 12, section 17, subdivision 2; Laws 2023, chapter 64, article 15, section 34, subdivision 2; Laws 2023, chapter 70, article 11, section 13, subdivision 8; article 12, section 30, subdivisions 2, 3; article 14, section 42, subdivision 6; article 20, sections 2, subdivisions 22, 24; 23; Laws 2024, chapter 80, article 1, sections 38, subdivisions 1, 2, 5, 6, 7, 9; 96; article 2, sections 5, subdivision 21, by adding a subdivision; 7, subdivision 2; 10, subdivision 6; 16, subdivision 1, by adding a subdivision; 30, subdivision 2; 31; 74; article 4, section 26; article 6, section 4; article 7, section 4; proposing coding for new law in Minnesota Statutes, chapters 123B; 127A; 142A; 259; 260D; 260E; 524; proposing coding for new law as Minnesota Statutes, chapters 142B; 142C; 142F; repealing Minnesota Statutes 2022, sections 127A.095, subdivision 3; 245.975, subdivision 8; 256.01, subdivisions 12, 12a; 260.755, subdivision 13; Laws 2023, chapter 25, section 190, subdivision 10; Laws 2023, chapter 55, article 10, section 4; Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, 11; 39; 43, subdivision 2; article 2, sections 1, subdivision 11; 3, subdivision 3; 4, subdivision 4; 10, subdivision 4; 33; 69; article 7, sections 3; 9; Minnesota Rules, parts 9502.0425, subparts 5, 10; 9545.0805, subpart 1; 9545.0845; 9560.0232, subpart 5.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2022, section 120A.41, is amended to read:

120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.

(a) A school board's annual school calendar must include at least 425 hours of instruction for a kindergarten student deleted text begin without a disabilitydeleted text end , 935 hours of instruction for a student in grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not including summer school. The school calendar for all-day kindergarten must include at least 850 hours of instruction for the school year. The school calendar for a prekindergarten student under section 124D.151, if offered by the district, must include at least 350 hours of instruction for the school year. A school board's annual calendar must include at least 165 days of instruction for a student in grades 1 through 11 unless a four-day week schedule has been approved by the commissioner under section 124D.126.

(b) A school board's annual school calendar may include plans for up to five days of instruction provided through online instruction due to inclement weather. The inclement weather plans must be developed according to section 120A.414.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 123B.92, subdivision 11, is amended to read:

Subd. 11.

Area learning center transportation aid.

(a) A district new text begin or cooperative unit under section 123A.24, subdivision 2, new text end that provides transportation of pupils to and from an area learning center program established under section 123A.05 is eligible for state aid to reimburse the additional costs of transportation during the preceding fiscal year.

(b) A district new text begin or cooperative unit under section 123A.24, subdivision 2, new text end may apply to the commissioner of education for state aid to reimburse the costs of transporting pupils who are enrolled in an area learning center program established under section 123A.05 during the preceding fiscal year. The commissioner shall develop the form and manner of applications for state aid, the criteria to determine when transportation is necessary, and the accounting procedure to determine excess costs. In determining aid amounts, the commissioner shall consider other revenue received by the district new text begin or cooperative unit under section 123A.24, subdivision 2, new text end for transportation for area learning center purposes.

(c) The total aid entitlement for this section is $1,000,000 each year. The commissioner must prorate aid if this amount is insufficient to reimburse deleted text begin districtdeleted text end costsnew text begin for a district or cooperative unit under section 123A.24, subdivision 2new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 124D.65, subdivision 5, as amended by Laws 2024, chapter 85, section 21, is amended to read:

Subd. 5.

School district EL revenue.

(a) For fiscal year 2024 through fiscal year 2026, a district's English learner programs revenue equals the sum of:

(1) the product of (i) $1,228, and (ii) the greater of 20 or the adjusted average daily membership of eligible English learners enrolled in the district during the current fiscal year; and

(2) $436 times the English learner pupil units under section 126C.05, subdivision 17.

(b) For fiscal year 2027 and later, a district's English learner programs revenue equals the sum of:

(1) the product of (i) $1,775, and (ii) the greater of 20 or the adjusted average daily membership of eligible English learners enrolled in the district during the current fiscal year;new text begin andnew text end

(2) $630 times the English learner pupil units under section 126C.05, subdivision 17deleted text begin ; anddeleted text end

deleted text begin (3) the district's English learner cross subsidy aid. A district's English learner cross subsidy aid equals 25 percent of the district's English learner cross subsidy under paragraph (c) for fiscal year 2027 and laterdeleted text end .

(c) deleted text begin A district's English learner cross subsidy equals the greater of zero or the difference between the district's expenditures for qualifying English learner services for the second previous year and the district's English learner revenue for the second previous year.deleted text end

deleted text begin (d)deleted text end A pupil ceases to generate state English learner aid in the school year following the school year in which the pupil attains the state cutoff score on a commissioner-provided assessment that measures the pupil's emerging academic English.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 4.

Minnesota Statutes 2022, section 124D.65, is amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin English learner cross subsidy aid. new text end

new text begin (a) For fiscal year 2027 and later, a district's English learner cross subsidy aid equals 25 percent of the district's English learner cross subsidy calculated under paragraph (b). new text end

new text begin (b) A district's English learner cross subsidy equals the greater of zero or the difference between the district's expenditures for qualifying English learner services for the second previous year and the district's English learner revenue under subdivision 5 for the second previous year. For the purposes of this subdivision, "qualifying English learner services" means the services necessary to implement the language instruction educational program for students identified as English learners under sections 124D.58 to 124D.65. Only expenditures that both address the English language development standards in Minnesota Rules, parts 3501.1200 and 3501.1210, which may include home language instruction, and are supplemental to the cost of core content instruction may be included as expenditures for qualifying English learner services. Expenditures do not include costs related to construction, indirect costs, core content instruction, or core administrative personnel. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 124D.995, subdivision 3, is amended to read:

Subd. 3.

Money appropriated.

(a) Subject to the availability of funds, money in the account is annually appropriated to the commissioner of education to reimburse school districts; charter schools; intermediate school districts and cooperative units under section 123A.24, subdivision 2; the Perpich Center for Arts Education; and the Minnesota State Academies for costs associated with providing unemployment benefits to school employees under section 268.085, subdivision 7, paragraph (b).

(b) The Perpich Center for Arts Education and the Minnesota State Academies may only apply to the commissioner for reimbursement of unemployment insurance amounts in excess of the amounts specifically identified in their annual agency appropriations.

(c) If the amount in the account is insufficient, the commissioner must proportionately reduce the aid payment to each recipient. new text begin Notwithstanding section 127A.45, subdivision 3, new text end aid payments must be paid deleted text begin 100deleted text end new text begin 90new text end percent in the current yearnew text begin and ten percent in the following year on a schedule determined by the commissionernew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 6.

Minnesota Statutes 2022, section 126C.05, subdivision 15, is amended to read:

Subd. 15.

Learning year pupil units.

(a) When a pupil is enrolled in a learning year program under section 124D.128, an area learning center or an alternative learning program approved by the commissioner under sections 123A.05 and 123A.06, or a contract alternative program under section 124D.68, subdivision 3, paragraph (d), or subdivision 4, for more than 1,020 hours in a school year for a secondary student, more than 935 hours in a school year for an elementary student, more than 850 hours in a school year for a kindergarten student deleted text begin without a disabilitydeleted text end in an all-day kindergarten program, or more than 425 hours in a school year for a half-day kindergarten student deleted text begin without a disabilitydeleted text end , that pupil may be counted as more than one pupil in average daily membership for purposes of section 126C.10, subdivision 2a. The amount in excess of one pupil must be determined by the ratio of the number of hours of instruction provided to that pupil in excess of: (i) the greater of 1,020 hours or the number of hours required for a full-time secondary pupil in the district to 1,020 for a secondary pupil; (ii) the greater of 935 hours or the number of hours required for a full-time elementary pupil in the district to 935 for an elementary pupil in grades 1 through 6; and (iii) the greater of 850 hours or the number of hours required for a full-time kindergarten student deleted text begin without a disabilitydeleted text end in the district to 850 for a kindergarten student deleted text begin without a disabilitydeleted text end . Hours that occur after the close of the instructional year in June shall be attributable to the following fiscal year. A student in kindergarten or grades 1 through 12 must not be counted as more than 1.2 pupils in average daily membership under this subdivision.

(b)(i) To receive general education revenue for a pupil in an area learning center or alternative learning program that has an independent study component, a district must meet the requirements in this paragraph. The district must develop, for the pupil, a continual learning plan consistent with section 124D.128, subdivision 3. Each school district that has an area learning center or alternative learning program must reserve revenue in an amount equal to at least 90 and not more than 100 percent of the district average general education revenue per pupil unit, minus an amount equal to the product of the formula allowance according to section 126C.10, subdivision 2, times .0466, calculated without basic skills revenue, local optional revenue, and transportation sparsity revenue, times the number of pupil units generated by students attending an area learning center or alternative learning program. The amount of reserved revenue available under this subdivision may only be spent for program costs associated with the area learning center or alternative learning program. Basic skills revenue generated according to section 126C.10, subdivision 4, by pupils attending the eligible program must be allocated to the program.

(ii) General education revenue for a pupil in a state-approved alternative program without an independent study component must be prorated for a pupil participating for less than a full year, or its equivalent. The district must develop a continual learning plan for the pupil, consistent with section 124D.128, subdivision 3. Each school district that has an area learning center or alternative learning program must reserve revenue in an amount equal to at least 90 and not more than 100 percent of the district average general education revenue per pupil unit, minus an amount equal to the product of the formula allowance according to section 126C.10, subdivision 2, times .0466, calculated without basic skills revenue, local optional revenue, and transportation sparsity revenue, times the number of pupil units generated by students attending an area learning center or alternative learning program. The amount of reserved revenue available under this subdivision may only be spent for program costs associated with the area learning center or alternative learning program. Basic skills revenue generated according to section 126C.10, subdivision 4, by pupils attending the eligible program must be allocated to the program.

(iii) General education revenue for a pupil in a state-approved alternative program that has an independent study component must be paid for each hour of teacher contact time and each hour of independent study time completed toward a credit or graduation standards necessary for graduation. Average daily membership for a pupil shall equal the number of hours of teacher contact time and independent study time divided by 1,020.

(iv) For a state-approved alternative program having an independent study component, the commissioner shall require a description of the courses in the program, the kinds of independent study involved, the expected learning outcomes of the courses, and the means of measuring student performance against the expected outcomes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later. new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 2e, is amended to read:

Subd. 2e.

Local optional revenue.

(a) Local optional revenue for a school district equals the sum of the district's first tier local optional revenue and second tier local optional revenue. A district's first tier local optional revenue equals $300 times the adjusted pupil units of the district for that school year. A district's second tier local optional revenue equals $424 times the adjusted pupil units of the district for that school year.

(b) A district's local optional levy equals the sum of the first tier local optional levy and the second tier local optional levy.

(c) A district's first tier local optional levy equals the district's first tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $880,000.

(d) For fiscal year 2023, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $548,842. For fiscal year 2024, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $510,000. For fiscal year 2025, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to deleted text begin $587,244deleted text end new text begin $626,450new text end . For fiscal year 2026, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $642,038. For fiscal year 2027 and later, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $671,345.

(e) The local optional levy must be spread on referendum market value. A district may levy less than the permitted amount.

(f) A district's local optional aid equals its local optional revenue minus its local optional levy. If a district's actual levy for first or second tier local optional revenue is less than its maximum levy limit for that tier, its aid must be proportionately reduced.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2025 and later. new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3, is amended to read:

Subd. 3.

Compensatory education revenue.

(a) deleted text begin For fiscal year 2024, the compensatory education revenue for each building in the district equals the formula allowance minus $839 times the compensation revenue pupil units computed according to section 126C.05, subdivision 3.deleted text end A district's compensatory revenue equals the sum of its compensatory revenue for each building in the district and the amounts designated under Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 8, for fiscal year 2017. Revenue shall be paid to the district and must be allocated according to section 126C.15, subdivision 2.

(b) deleted text begin For fiscal year 2025, compensatory revenue must be calculated under Laws 2023, chapter 18, section 3.deleted text end new text begin For fiscal years 2024 and 2025, the compensatory education revenue for each building in the district equals the formula allowance minus $839 times the compensation revenue pupil units computed according to section 126C.05, subdivision 3.new text end

(c) For fiscal year 2026 and later, the compensatory education revenue for each building in the district equals its compensatory pupils multiplied by the building compensatory allowance. deleted text begin Revenue shall be paid to the district and must be allocated according to section 126C.15, subdivision 2.deleted text end

(d) When the district contracting with an alternative program under section 124D.69 changes prior to the start of a school year, the compensatory revenue generated by pupils attending the program shall be paid to the district contracting with the alternative program for the current school year, and shall not be paid to the district contracting with the alternative program for the prior school year.

(e) When the fiscal agent district for an area learning center changes prior to the start of a school year, the compensatory revenue shall be paid to the fiscal agent district for the current school year, and shall not be paid to the fiscal agent district for the prior school year.

deleted text begin (f) Notwithstanding paragraph (c), for voluntary prekindergarten programs under section 124D.151, charter schools, and contracted alternative programs in the first year of operation, compensatory education revenue must be computed using data for the current fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative program begins operation after October 1, compensatory education revenue must be computed based on pupils enrolled on an alternate date determined by the commissioner, and the compensatory education revenue must be prorated based on the ratio of the number of days of student instruction to 170 days. deleted text end

deleted text begin (g)deleted text end new text begin (f)new text end Notwithstanding paragraph (c), for fiscal year 2026, if the deleted text begin calculation under paragraph (d) results in statewide revenue ofdeleted text end new text begin sum of the amounts calculated under paragraph (c) isnew text end less than $838,947,000, deleted text begin additional revenue must be provideddeleted text end new text begin the commissioner must proportionately increase the revenuenew text end to each building deleted text begin in a manner prescribed by the commissioner of educationdeleted text end until new text begin the new text end total statewide revenue new text begin calculated for each building new text end equals $838,947,000.

deleted text begin (h)deleted text end new text begin (g)new text end Notwithstanding paragraph (c), for fiscal year 2027new text begin and laternew text end , if the deleted text begin calculation under paragraph (d) results in statewide revenue ofdeleted text end new text begin sum of the amounts calculated under paragraph (c) isnew text end less than $857,152,000, deleted text begin additional revenue must be provideddeleted text end new text begin the commissioner must proportionately increase the revenuenew text end to each building deleted text begin in a manner prescribed by the commissioner of educationdeleted text end until new text begin the new text end total statewide revenue new text begin calculated for each building new text end equals $857,152,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2025 and later. new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3a, is amended to read:

Subd. 3a.

Definitions.

The definitions in this subdivision apply only to subdivisions 3, 3b, and 3c.

(a) "Building compensatory allowance" means a building concentration factor multiplied by the statewide compensatory allowance.

(b) "Building concentration factor" means the ratio of a building's compensatory pupils to the number of pupils enrolled in the building on October 1 of the previous fiscal year.

(c) "Compensatory pupils" means the sum of the number of pupils enrolled in a building eligible to receive free meals pursuant to subdivision 3b plus one-half of the pupils eligible to receive reduced-priced meals pursuant to subdivision 3b on October 1 of the previous fiscal year.

(d) "Statewide compensatory allowance" means the amount calculated pursuant to subdivision 3c.

new text begin (e) Notwithstanding paragraphs (b) and (c), for voluntary prekindergarten programs under section 124D.151, charter schools, and contracted alternative programs in the first year of operation, the building concentration factor and compensatory pupils must be computed using data for the current fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative program begins operation after October 1, the building concentration factor and compensatory pupils must be computed based on pupils enrolled on an alternate date determined by the commissioner and the compensatory pupils must be prorated based on the ratio of the number of days of student instruction to 170 days. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2025 and later. new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3c, is amended to read:

Subd. 3c.

Statewide compensatory allowance.

deleted text begin (a)deleted text end For fiscal year 2026, the statewide compensatory allowance is $6,734. For fiscal year 2027 and later, the statewide compensatory allowance equals the statewide compensatory allowance in effect for the prior fiscal year times the ratio of the formula allowance under section 126C.10, subdivision 2, for the current fiscal year to the formula allowance under section 126C.10, subdivision 2, for the prior fiscal year, rounded to the nearest whole dollar.

deleted text begin (b) For fiscal year 2026 and later, the statewide compensatory allowance equals the statewide compensatory allowance in effect for the prior fiscal year times the ratio of the formula allowance under section 126C.10, subdivision 2, for the current fiscal year to the formula allowance under section 126C.10, subdivision 2, for the prior fiscal year, rounded to the nearest whole dollar. deleted text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 4, is amended to read:

Subd. 4.

Basic skills revenue.

A school district's basic skills revenue equals the sum of:

(1) compensatory revenue under subdivision 3; and

(2) English learner revenue under section 124D.65, deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 5new text begin and 5anew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 12.

Minnesota Statutes 2022, section 126C.10, subdivision 13a, is amended to read:

Subd. 13a.

Operating capital levy.

new text begin (a) new text end To obtain operating capital revenue, a district may levy an amount not more than the product of its operating capital new text begin equalization new text end revenue for the fiscal year times the lesser of one or the ratio of its adjusted net tax capacity per adjusted pupil unit to the operating capital equalizing factor. The operating capital equalizing factor equals deleted text begin $23,902 for fiscal year 2020, $23,885 for fiscal year 2021, anddeleted text end $22,912 for fiscal year deleted text begin 2022 and laterdeleted text end new text begin 2024, $23,138 for fiscal year 2025, and $22,912 for fiscal year 2026 and laternew text end .

new text begin (b) A district's operating capital equalization revenue equals the district's total operating capital revenue under subdivision 13, calculated without the amount under subdivision 13, paragraph (a), clause (3). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 13.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 18a, is amended to read:

Subd. 18a.

Pupil transportation adjustment.

(a) An independent, common, or special school district's transportation sparsity revenue under subdivision 18 is increased by the greater of zero or 35 percent of the difference between:

(1) the lesser of the district's total cost for regular and excess pupil transportation under section 123B.92, subdivision 1, paragraph (b), including depreciation, for the previous fiscal year or 105 percent of the district's total cost for the second previous fiscal year; and

(2) the sum of:

(i) 4.66 percent of the district's basic revenue for the previous fiscal year;

(ii) transportation sparsity revenue under subdivision 18 for the previous fiscal year;

(iii) the district's charter school transportation adjustment for the previous fiscal year; deleted text begin anddeleted text end

(iv) the district's reimbursement for transportation provided under section 123B.92, subdivision 1, paragraph (b), clause (1), item (vi)new text begin ; andnew text end

new text begin (v) the district's area learning center transportation aid under section 123B.92, subdivision 11new text end .

(b) A charter school's pupil transportation adjustment equals the school district per pupil new text begin unit new text end adjustment under paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2025 and later. new text end

Sec. 14.

Minnesota Statutes 2022, section 127A.51, is amended to read:

127A.51 STATEWIDE AVERAGE REVENUE.

new text begin (a) new text end By December 1 of each year the commissioner must estimate the statewide average adjusted general revenue per adjusted pupil unit and the disparity in adjusted general revenue among pupils and districts by computing the ratio of the 95th percentile to the fifth percentile of adjusted general revenue. The commissioner must provide that information to all districts.

new text begin (b) new text end If the disparity in adjusted general revenue as measured by the ratio of the 95th percentile to the fifth percentile increases in any year, the commissioner shall recommend to the legislature options for change in the general education formula that will limit the disparity in adjusted general revenue to no more than the disparity for the previous school year. The commissioner must submit the recommended options to the education committees of the legislature by February 1.

new text begin (c) new text end For purposes of this section and section 126C.10, adjusted general revenue means the sum of basic revenue under section 126C.10, subdivision 2; referendum revenue under section 126C.17; local optional revenue under section 126C.10, subdivision 2e; and equity revenue under section 126C.10, deleted text begin subdivisions 24a and 24bdeleted text end new text begin subdivision 24new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 15.

Laws 2023, chapter 55, article 1, section 36, subdivision 2, as amended by Laws 2024, chapter 81, section 1, is amended to read:

Subd. 2.

General education aid.

(a) For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:

$ 8,103,909,000 ..... 2024
$ deleted text begin 8,299,317,000 deleted text end new text begin 8,333,843,000 new text end ..... 2025

(b) The 2024 appropriation includes $707,254,000 for 2023 and $7,396,655,000 for 2024.

(c) The 2025 appropriation includes $771,421,000 for 2024 and deleted text begin $7,527,896,000deleted text end new text begin $7,562,422,000new text end for 2025.

Sec. 16.

Laws 2023, chapter 55, article 1, section 36, subdivision 8, is amended to read:

Subd. 8.

One-room schoolhouse.

new text begin (a) new text end For deleted text begin a grantdeleted text end new text begin aidnew text end to Independent School District No. 690, Warroad, to operate the Angle Inlet School:

$ 65,000 ..... 2024
$ 65,000 ..... 2025

new text begin (b) This aid is 100 percent payable in the current year. new text end

Sec. 17.

Laws 2023, chapter 64, article 15, section 34, subdivision 2, is amended to read:

Subd. 2.

Windom School District onetime supplemental aid.

(a) For aid to Independent School District No. 177, Windom:

$ 1,000,000 ..... 2024

(b) For fiscal year 2024 only, Windom School District's onetime supplemental aid equals the greater of zero or the product of: (1) $10,000, and (2) the difference between the October 1, 2022, pupil enrollment count and the October 1, 2023, pupil enrollment count. The amount calculated under this paragraph must not exceed $1,000,000.

(c) 100 percent of the aid must be paid in the current year.

(d) This is a onetime appropriation.

new text begin (e) On June 29, 2024, $840,000 from the initial fiscal year 2024 appropriation is canceled to the general fund. 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. 18.

new text begin BASIC SKILLS REVENUE ACCOUNT TRANSFERS. new text end

new text begin Notwithstanding Minnesota Statutes, section 126C.15, subdivision 4, by June 30, 2025, school districts with a balance in their basic skills revenue account that is restricted for use on extended time programs must transfer those funds to an account that is restricted for basic skills revenue. 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. 19.

new text begin TASK FORCE ON ENGLISH LEARNER PROGRAMS. new text end

new text begin Subdivision 1. new text end

new text begin Task force established. new text end

new text begin A task force is established to analyze how public schools use English learner revenue at the site level and administrative level, consider how microcredentials or other certifications may be used to improve collaboration between teachers working with English learners, and make recommendations on how English learner revenue can be used more effectively to help students become proficient in English and participate meaningfully and equally in education programs. new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The commissioner of education, in consultation with the executive director of the Professional Educator Licensing and Standards Board, must appoint the following members to the task force by August 1, 2024: new text end

new text begin (1) the commissioner of education or the commissioner's designee; new text end

new text begin (2) the executive director of the Professional Educator Licensing and Standards Board or the executive director's designee; new text end

new text begin (3) the executive director of the Minnesota Education Equity Partnership or the executive director's designee; new text end

new text begin (4) one member who represents teacher preparation programs that enroll candidates seeking a field license in English as a second language; new text end

new text begin (5) one member who represents school boards; new text end

new text begin (6) one member who represents the superintendent; new text end

new text begin (7) one member who is a teacher of English learners; new text end

new text begin (8) one member who is a teacher in a state-approved alternative program; new text end

new text begin (9) one member who is a director of an English learner program in a school district; new text end

new text begin (10) one member who is a director of a state-approved alternative program; new text end

new text begin (11) one member who is a parent of a student identified as an English learner; new text end

new text begin (12) one member who is a parent liaison to families of English learners in a school district; new text end

new text begin (13) one member who is a parent of a student enrolled in a state-approved alternative program; new text end

new text begin (14) one member from the Southeast Service Cooperative's Project Momentum; and new text end

new text begin (15) one member from a community organization that works with families of English learners. new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The task force must: new text end

new text begin (1) review best practices in English learner programming, including: new text end

new text begin (i) an accountability framework that uses student performance on state assessments to determine whether the program is improving academic outcomes for English learners; new text end

new text begin (ii) staffing and managing an English learner program, including providing appropriate professional development for teachers, administrators, and other staff; new text end

new text begin (iii) evaluation of the efficacy of the English learner program; and new text end

new text begin (iv) ensuring meaningful communication and engagement with limited English proficient parents; new text end

new text begin (2) review best practices in providing services to students who are eligible to participate in the graduation incentives program under Minnesota Statutes, section 124D.68, including: new text end

new text begin (i) an accountability framework that uses credit recovery rates and graduation rates to determine whether the program is improving academic outcomes for participating students; and new text end

new text begin (ii) professional development for teachers and other staff; new text end

new text begin (3) analyze how English learner revenue is used at the site level and administrative level and whether expenditures align with the best practices identified under clause (1); new text end

new text begin (4) identify obstacles to hiring and retaining necessary staff to support effective English learner programs; new text end

new text begin (5) analyze how microcredentials or other certifications can improve collaboration among teachers working with English learners, and recommend a process for awarding the microcredentials or other certifications; and new text end

new text begin (6) to the extent time is available, review best practices for dual enrollment programs for students eligible for the graduation incentives program, including the provision of college and career and readiness counselors and: new text end

new text begin (i) an accountability framework based on the acceleration of dual credit accumulation before a student graduates from high school; new text end

new text begin (ii) professional development for counselors; and new text end

new text begin (iii) evaluation of the efficacy of the dual enrollment program. new text end

new text begin (b) The task force must review data regarding student access to teachers with a field license in English as a second language. new text end

new text begin (c) The task force must report its findings and recommendations on the current use of English learner revenue at the site level and administrative level, implementation of microcredentials or other certifications, and how English learner funding can be used more effectively to help students become proficient in English and participate meaningfully and equally in an education program. The task force must submit the report to the legislative committees with jurisdiction over kindergarten through grade 12 education by February 15, 2025. new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Minnesota Statutes, section 15.059, subdivision 3, governs compensation of the members of the task force. new text end

new text begin Subd. 5. new text end

new text begin Meetings and administrative support. new text end

new text begin (a) The commissioner of education or the commissioner's designee must convene the first meeting of the task force no later than August 15, 2024. The task force must establish a schedule for meetings and meet as necessary to accomplish the duties under subdivision 3. Meetings are subject to Minnesota Statutes, chapter 13D. The task force may meet by telephone or interactive technology consistent with Minnesota Statutes, section 13D.015. new text end

new text begin (b) The Department of Education must provide administrative support to assist the task force in its work, including providing information and technical support, and must assist in the creation of the report under subdivision 3. new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires February 15, 2025, or upon submission of the report required under subdivision 3, whichever is later. 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. 20.

new text begin STUDENT ATTENDANCE PILOT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Pilot program established. new text end

new text begin A pilot program is established to support districts developing and implementing innovative strategies to improve student attendance, and help policymakers determine how to effectively support district efforts to improve student attendance and engagement. The pilot program is effective for the 2024-2025, 2025-2026, and 2026-2027 school years. new text end

new text begin Subd. 2. new text end

new text begin Participating districts. new text end

new text begin (a) The pilot program consists of the following school districts: new text end

new text begin (1) Special School District No. 1, Minneapolis; new text end

new text begin (2) Independent School District No. 13, Columbia Heights; new text end

new text begin (3) Independent School District No. 38, Red Lake; new text end

new text begin (4) Independent School District No. 47, Sauk Rapids-Rice; new text end

new text begin (5) Independent School District No. 77, Mankato; new text end

new text begin (6) Independent School District No. 152, Moorhead; new text end

new text begin (7) Independent School District No. 166, Cook County; new text end

new text begin (8) Independent School District No. 177, Windom; new text end

new text begin (9) Independent School District No. 191, Burnsville; new text end

new text begin (10) Independent School District No. 535, Rochester; new text end

new text begin (11) Independent School District No. 659, Northfield; and new text end

new text begin (12) Independent School District No. 695, Chisholm. new text end

new text begin (b) Special School District No. 1, Minneapolis, must serve as the lead district in the pilot program. The duties of the lead district are: new text end

new text begin (1) convening virtual quarterly meetings of the participating districts to share updates on implementation to facilitate collaboration on promising practices; new text end

new text begin (2) developing a template for each district to report its goals, strategies, policies, or practices for counting and reporting attendance and absences, challenges, efforts to assess effectiveness, data on student absenteeism, and lessons learned; and new text end

new text begin (3) reporting progress and results of the pilot program in accordance with subdivision 4. new text end

new text begin (c) Independent School District No. 38, Red Lake, must partner with Charter School District No. 4298, Endazhi-Nitaawiging, to implement strategies to reduce student absenteeism at both the district and charter school. new text end

new text begin (d) By July 1, 2024, each district must designate a primary staff person responsible for implementing the pilot program. The participating districts must hold their first meeting by August 1, 2024. new text end

new text begin Subd. 3. new text end

new text begin Strategies. new text end

new text begin Participating districts must use pilot program aid to develop and implement sustainable strategies to reduce student absenteeism. Allowable uses of pilot program aid include but are not limited to: new text end

new text begin (1) addressing risk factors for high absenteeism through supports and interventions; new text end

new text begin (2) strategies that focus on the individual needs of each student; new text end

new text begin (3) personalized outreach to students who have stopped attending school, including home visits and connecting with students in community centers or other public areas; new text end

new text begin (4) regular meetings with students to provide tutoring or other supports or to connect students with resources that provide tutoring or other supports; new text end

new text begin (5) activities that increase students' sense of belonging in the school community; new text end

new text begin (6) data analysis to assess the effectiveness of district strategies; and new text end

new text begin (7) technology that assists districts' efforts to communicate with students and families. new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin (a) The lead school district must submit reports to the chairs and minority leaders of the legislative committees with jurisdiction over kindergarten through grade 12 education by December 31, 2024; July 1, 2025; July 1, 2026; and September 1, 2027. Each report must include each participating district's individual reports. new text end

new text begin (b) The first report must identify the goals and strategies each district plans to implement during the pilot program, and how each district counts and reports latenesses and absences. The other reports must identify each district's goals, strategies, challenges in meeting goals or implementing planned strategies, promising practices and practices that were not effective, and attendance data for the school year preceding the pilot program and the three school years of the pilot program. The attendance data must include attendance data for students that were absent up to ten percent of classes or school days, between ten and 29 percent of classes or school days, between 30 and 49 percent of classes or school days, and 50 percent or more of classes or school days; and for students who are homeless or highly mobile. The fourth report must also include recommendations for funding and statutory changes that would facilitate district efforts to implement local solutions to improve attendance. 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. 21.

new text begin STUDENT ATTENDANCE AND TRUANCY LEGISLATIVE STUDY GROUP. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A legislative study group is established to study issues related to student attendance and truancy. new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The legislative study group on student attendance and truancy consists of: new text end

new text begin (1) four duly elected and currently serving members of the house of representatives, two appointed by the speaker of the house and two appointed by the house minority leader; and new text end

new text begin (2) four duly elected and currently serving senators, two appointed by the senate majority leader and two appointed by the senate minority leader. new text end

new text begin (b) The appointments must be made by June 15, 2024, and expire December 31, 2024. new text end

new text begin (c) If a vacancy occurs, the leader of the caucus in the house of representatives or senate to which the vacating study group member belonged must fill the vacancy. new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The legislative study group must study and evaluate ways to increase student attendance and reduce truancy. In preparing the recommendations, the group must consider the following: new text end

new text begin (1) current statutory requirements relating to student attendance and truancy; new text end

new text begin (2) currently available attendance data and additional data that would help schools and policy makers understand and reduce absenteeism; new text end

new text begin (3) the effect of school programs and strategies to improve attendance; new text end

new text begin (4) the role of school principals in addressing student absenteeism; new text end

new text begin (5) the role of the Department of Education in addressing student absenteeism; new text end

new text begin (6) the role of counties in addressing truancy; and new text end

new text begin (7) how truant students are tracked across county lines. new text end

new text begin (b) The study group must identify and include in its report any statutory changes needed to implement the study group recommendations. new text end

new text begin Subd. 4. new text end

new text begin Meetings and chair. new text end

new text begin (a) The speaker of the house must designate a member to convene the first meeting of the study group, which must be held no later than July 15, 2024. Members of the study group must elect a chair from among the members present at the first meeting. The study group must meet periodically. new text end

new text begin (b) Meetings of the study group are subject to Minnesota Statutes, section 3.055. The meetings may be conducted by interactive television. new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The Department of Education must cooperate with the legislative study group and provide information requested in a timely fashion. The Legislative Coordinating Commission must provide meeting space, technical and administrative support, and staff support for the study group. The study group may hold meetings in any publicly accessible location in the Capitol complex that is equipped with technology that can facilitate remote testimony. new text end

new text begin Subd. 6. new text end

new text begin Consultation with stakeholders. new text end

new text begin In making recommendations, the study group must consult with interested and affected stakeholders. new text end

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin The study group must submit a preliminary report with its recommendations to the legislative committees and divisions with jurisdiction over kindergarten through grade 12 education by November 1, 2024, and a final report by December 31, 2024. new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The study group expires December 31, 2024, or on the date upon which the final report required under subdivision 7 is submitted to the legislature, whichever is later. 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. 22.

new text begin APPROPRIATION. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are appropriated from the general fund to the Department of Education in the fiscal years designated. new text end

new text begin Subd. 2. new text end

new text begin Attendance pilot program. new text end

new text begin (a) For attendance pilot program aid: new text end

new text begin $ new text end new text begin 4,687,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) Of the amount in paragraph (a), the department must provide aid to the participating districts in the following amounts: new text end

new text begin (1) $1,022,000 for Special School District No. 1, Minneapolis; new text end

new text begin (2) $253,000 for Independent School District No. 13, Columbia Heights; new text end

new text begin (3) $196,000 for Independent School District No. 38, Red Lake; new text end

new text begin (4) $281,000 for Independent School District No. 47, Sauk Rapids-Rice; new text end

new text begin (5) $398,000 for Independent School District No. 77, Mankato; new text end

new text begin (6) $374,000 for Independent School District No. 152, Moorhead; new text end

new text begin (7) $164,000 for Independent School District No. 166, Cook County; new text end

new text begin (8) $185,000 for Independent School District No. 177, Windom; new text end

new text begin (9) $378,000 for Independent School District No. 191, Burnsville; new text end

new text begin (10) $670,000 for Independent School District No. 535, Rochester; new text end

new text begin (11) $266,000 for Independent School District No. 659, Northfield; and new text end

new text begin (12) $170,000 for Independent School District No. 695, Chisholm. new text end

new text begin (c) Up to $330,000 is available for the department to administer the pilot program and to support attendance data analysis and use. new text end

new text begin (d) Aid payments to school districts must be paid 100 percent in fiscal year 2025. Districts may use the aid in the 2024-2025, 2025-2026, and 2026-2027 school years. If a school district withdraws from the student attendance pilot program prior to the completion of the pilot project, the commissioner must proportionately reduce the district's aid amount and reduce the school district's other aid amounts by that same amount. new text end

new text begin (e) This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin Subd. 3. new text end

new text begin Minnesota Alliance With Youth. new text end

new text begin (a) For a grant to the Minnesota Alliance With Youth to improve student attendance and academic engagement provided through the Promise Fellow program: new text end

new text begin $ new text end new text begin 625,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) The Promise Fellow program must form partnerships with AmeriCorps members, individual schools, school districts, charter schools, and community organizations to provide attendance and academic engagement intervention services. Services may include family and caregiver outreach and engagement, academic support, connection to out-of-school activities and resources, and individual and small group mentoring designed to help students return to and maintain consistent school attendance. new text end

new text begin (c) The Minnesota Alliance With Youth must promote Promise Fellow program opportunities throughout the state. new text end

new text begin (d) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three percent of the appropriation is available for grant administration. new text end

new text begin (e) This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin Subd. 4. new text end

new text begin Student attendance and truancy legislative study group. new text end

new text begin (a) For transfer to the Legislative Coordinating Commission for the student attendance and truancy legislative study group: new text end

new text begin $ new text end new text begin 64,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation. new text end

new text begin Subd. 5. new text end

new text begin English learner program task force. new text end

new text begin (a) For the English learner program task force: new text end

new text begin $ new text end new text begin 117,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2023 Supplement, section 120B.018, subdivision 6, is amended to read:

Subd. 6.

Required standard.

"Required standard" means deleted text begin (1)deleted text end a statewide adopted expectation for student learning in the content areas of language arts, mathematics, science, social studies, physical education,new text begin health,new text end and the artsdeleted text begin , and (2) a locally adopted expectation for student learning in healthdeleted text end .new text begin Locally developed academic standards in health apply until statewide rules implementing statewide health standards under section 120B.021, subdivision 3, are required to be implemented in the classroom.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 1, is amended to read:

Subdivision 1.

Required academic standards.

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

(1) language arts;

(2) mathematics, encompassing algebra II, integrated mathematics III, or an equivalent in high school, and to be prepared for the three credits of mathematics in grades 9 through 12, the grade 8 standards include completion of algebra;

(3) science, including earth and space science, life science, and the physical sciences, including chemistry and physics;

(4) social studies, including history, geography, economics, and government and citizenship that includes civics;

(5) physical education;

(6) healthdeleted text begin , for which locally developed academic standards applydeleted text end ; and

(7) the arts. Public elementary and middle schools must offer at least three and require at least two of the following five arts areas: dance; media arts; music; theater; and visual arts. Public high schools must offer at least three and require at least one of the following five arts areas: media arts; dance; music; theater; and visual arts.

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

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

(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.

new text begin (f) Locally developed academic standards in health apply until statewide rules implementing statewide health standards under subdivision 3 are required to be implemented in the classroom. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 2, is amended to read:

Subd. 2.

Standards development.

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

(1) parents of school-age children and members of the public throughout the state;

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

(3) currently serving members of local school boards and charter school boards throughout the state;

(4) faculty teaching core subjects at postsecondary institutions in Minnesota;

(5) representatives of the Minnesota business community; deleted text begin anddeleted text end

(6) representatives from the Tribal Nations Education Committee and Tribal Nations and communities in Minnesota, including both Anishinaabe and Dakotadeleted text begin .deleted text end new text begin ; andnew text end

new text begin (7) current students, with input from the Minnesota Youth Council. new text end

(b) Academic standards must:

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 3, is amended to read:

Subd. 3.

Rulemaking.

new text begin (a) new text end 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.

new text begin (b) The commissioner must adopt statewide rules for implementing statewide rigorous core academic standards in health. 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.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 4, is amended to read:

Subd. 4.

Revisions and reviews required.

(a) The commissioner of education must revise the state's academic standards and graduation requirements and implement a ten-year cycle to review and, consistent with the review, revise state academic standards and related benchmarks, consistent with this subdivision. During each ten-year review and revision cycle, the commissioner also must examine the alignment of each required academic standard and related benchmark with the knowledge and skills students need for career and college readiness and advanced work in the particular subject area. The commissioner must include the contributions of Minnesota American Indian Tribes and communities, including urban Indigenous communities, as related to the academic standards during the review and revision of the required academic standards. The commissioner must embed Indigenous education for all students consistent with recommendations from Tribal Nations and urban Indigenous communities in Minnesota regarding the contributions of American Indian Tribes and communities in Minnesota into the state's academic standards during the review and revision of the required academic standards. The recommendations to embed Indigenous education for all students includes but is not limited to American Indian experiences in Minnesota, including Tribal histories, Indigenous languages, sovereignty issues, cultures, treaty rights, governments, socioeconomic experiences, contemporary issues, and current events.

(b) The commissioner must ensure that the statewide mathematics assessments administered to students in grades 3 through 8 and 11 are aligned with the state academic standards in mathematics, consistent with section 120B.302, subdivision 3, paragraph (a). The commissioner must implement a review of the academic standards and related benchmarks in mathematics beginning in the 2021-2022 school year and every ten years thereafter.

(c) The commissioner must implement a review of the academic standards and related benchmarks in arts beginning in the 2017-2018 school year and every ten years thereafter.

(d) The commissioner must implement a review of the academic standards and related benchmarks in science beginning in the 2018-2019 school year and every ten years thereafter.

(e) The commissioner must implement a review of the academic standards and related benchmarks in language arts beginning in the 2019-2020 school year and every ten years thereafter.

(f) The commissioner must implement a review of the academic standards and related benchmarks in social studies beginning in the 2020-2021 school year and every ten years thereafter.

(g) The commissioner must implement a review of the academic standards and related benchmarks in physical education beginning in the 2026-2027 school year and every ten years thereafter.

new text begin (h) The commissioner must implement a review of the academic standards and related benchmarks in health education beginning in the 2034-2035 school year and every ten years thereafter. new text end

deleted text begin (h)deleted text end new text begin (i)new text end School districts and charter schools must revise and align local academic standards and high school graduation requirements in deleted text begin health,deleted text end world languagesdeleted text begin ,deleted text end and career and technical education to require students to complete the revised standards beginning in a school year determined by the school district or charter school. School districts and charter schools must formally establish a periodic review cycle for the academic standards and related benchmarks in deleted text begin health,deleted text end world languagesdeleted text begin ,deleted text end and career and technical education.

deleted text begin (i)deleted text end new text begin (j)new text end The commissioner of education must embed technology and information literacy standards consistent with recommendations from school media specialists into the state's academic standards and graduation requirements.

deleted text begin (j)deleted text end new text begin (k)new text end The commissioner of education must embed ethnic studies as related to the academic standards during the review and revision of the required academic standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 120B.024, subdivision 1, is amended to read:

Subdivision 1.

Graduation requirements.

(a) Students must successfully complete the following high school level credits for graduation:

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

(2) three credits of mathematics sufficient to satisfy all of the academic standards in mathematics;

(3) three credits of science, including one credit to satisfy all the earth and space science standards for grades 9 through 12, one credit to satisfy all the life science standards for grades 9 through 12, and one credit to satisfy all the chemistry or physics standards for grades 9 through 12;

(4) three and one-half credits of social studies, including credit for a course in government and citizenship in either grade 11 or 12 for students beginning grade 9 in the 2024-2025 school year and later or an advanced placement, international baccalaureate, or other rigorous course on government and citizenship under section 120B.021, subdivision 1a, and a combination of other credits encompassing at least United States history, geography, government and citizenship, world history, and economics sufficient to satisfy all of the academic standards in social studies;

(5) one credit of the arts sufficient to satisfy all of the academic standards in the arts;

(6) credits sufficient to satisfy the state standards in physical education; deleted text begin anddeleted text end

new text begin (7) credits sufficient to satisfy the state standards in health upon adoption of statewide rules for implementing health standards under section 120B.021; and new text end

deleted text begin (7)deleted text end new text begin (8)new text end a minimum of seven elective credits.

(b) Students who begin grade 9 in the 2024-2025 school year and later must successfully complete a course for credit in personal finance in grade 10, 11, or 12. A teacher of a personal finance course that satisfies the graduation requirement must have a field license or out-of-field permission in agricultural education, business, family and consumer science, social studies, or math.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 7.

Minnesota Statutes 2022, section 121A.035, is amended to read:

121A.035 CRISIS MANAGEMENT POLICY.

Subdivision 1.

Model policy.

The commissioner shall maintain and make available to school boards and charter schools a model crisis management policy that includes, among other items, new text begin cardiac emergency response plans, new text end school lock-down and tornado drills, consistent with subdivision 2, and school fire drills under section 299F.30.

Subd. 2.

School district and charter school policy.

new text begin (a) new text end A school board and a charter school must adopt a crisis management policy to address potential violent crisis situations in the district or charter school. The policy must be developed cooperatively with administrators, teachers, employees, students, parents, community members, law enforcement agencies, other emergency management officials, county attorney offices, social service agencies, emergency medical responders, and any other appropriate individuals or organizations. The policy must include at least five school lock-down drills, five school fire drills consistent with section 299F.30, and one tornado drill.

new text begin (b) A school board or a charter school may adopt the model cardiac emergency response plan provided by the commissioner under subdivision 1. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 8.

Minnesota Statutes 2022, section 124D.093, subdivision 4, is amended to read:

Subd. 4.

Approval process.

(a) The commissioner of education must appoint an advisory committee to review the applications and to recommend approval for those applications that meet the requirements of this section. The commissioner of education has final authority over application approvals.

(b) To the extent practicable, the commissioner must ensure an equitable geographic distribution of approved P-TECH schools.

deleted text begin (c) The commissioner must first begin approving applications for a P-TECH school enrolling students in the 2020-2021 school year or later. deleted text end

Sec. 9.

Minnesota Statutes 2022, section 124D.093, subdivision 5, is amended to read:

Subd. 5.

P-TECH new text begin implementation grants:new text end supportnew text begin ; start-up; and mentoringnew text end grants.

new text begin (a) new text end When an appropriation is available, each P-TECH school is eligible for a grant to support start-up and ongoing program costs, which may include, but are not limited to, recruitment, student support, program materials, and P-TECH school liaisons. new text begin A P-TECH school may form a partnership with a school in another school district.new text end

new text begin (b) For fiscal year 2026 and later, the maximum P-TECH support grant must not exceed $500,000 per year. new text end

new text begin (c) new text end An approved P-TECH school is eligible to receive a grant to support start-up costs the year before first enrolling P-TECH students.new text begin A start-up grant may be awarded to a new applicant in an amount not to exceed $50,000.new text end

new text begin (d) A grant recipient operating a P-TECH program may provide mentoring and technical assistance to a school eligible for a start-up grant. A mentoring and technical assistance grant may not exceed $50,000. new text end

new text begin (e) For each year that an appropriation is made for the purposes of this section, the department may retain five percent of the appropriation for grant administration and program oversight. new text end

Sec. 10.

Minnesota Statutes 2022, section 124D.957, subdivision 1, is amended to read:

Subdivision 1.

Establishment and membership.

The Minnesota Youth Council Committee is established within and under the auspices of the Minnesota Alliance With Youth. The committee consists of four members from each congressional district in Minnesota and four members selected at-large. Members must be selected through an application and interview process conducted by the Minnesota Alliance With Youth. In making its appointments, the Minnesota Alliance With Youth should strive to ensure gender and ethnic diversity in the committee's membership. Members must be deleted text begin between the ages of 13 and 19deleted text end new text begin in grades 8 through 12new text end and serve two-year terms, except that one-half of the initial members must serve a one-year term. Members may serve a maximum of two terms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for appointments made on or after July 1, 2024. new text end

Sec. 11.

Laws 2023, chapter 55, article 1, section 36, subdivision 13, is amended to read:

Subd. 13.

Emergency medical training.

(a) For grants to offer high school students courses in emergency medical services:

$ 500,000 ..... 2024
$ deleted text begin 500,000 deleted text end
new text begin 750,000 new text end
..... 2025

(b) A school district, charter school, or cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2, may apply for a grant under this section to offer enrolled students emergency medical services courses approved by the Minnesota Emergency Medical Services Regulatory Board to prepare students to take the emergency medical technician certification test, including an emergency medical services course that is a prerequisite to an emergency medical technician course.

(c) A grant recipient may use grant funds to partner with a district, charter school, cooperative unit, postsecondary institution, political subdivision, or entity with expertise in emergency medical services, including health systems, hospitals, ambulance services, and health care providers to offer an emergency medical services course.

(d) Eligible uses of grant funds include teacher salaries, transportation, equipment costs, emergency medical technician certification test fees, and student background checks.

(e) To the extent practicable, the commissioner must awardnew text begin at leastnew text end half of the grant funds to applicants outside of the seven-county metropolitan area, and new text begin at least new text end 30 percent of the grant funds to applicants with high concentrations of students of color.

(f) Any balance in the first year does not cancel but is available in the second year.

new text begin (g) Up to $50,000 each year is available for grant administration. new text end

new text begin (h) Of the amount in fiscal year 2025 only, $250,000 is for a grant to Independent School District No. 742, St. Cloud, for an emergency medical services education facility suitable for coursework in emergency medical services. For the project under this paragraph, eligible uses of grant funds include any design and construction costs and remodeling costs necessary to prepare the education facility in addition to the eligible uses under paragraph (d). Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, in addition to the amount under paragraph (g), up to three percent of the amount in this paragraph is available for grant administration. new text end

new text begin (i) The base for fiscal year 2026 and later is $500,000. 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. 12.

Laws 2023, chapter 55, article 2, section 61, subdivision 4, is amended to read:

Subd. 4.

Computer science educator training and capacity building.

(a) The Department of Education shall develop and implement, or award grants or subcontract with eligible entities, for the development and implementation of high-quality, coordinated teacher recruitment and educator training programs for computer science courses and content as defined in subdivision 1 deleted text begin anddeleted text end new text begin ornew text end aligned to the state strategic plan as developed under subdivision 3.

(b) For the purposes of this subdivision, eligible entities include:

(1) new text begin local educational agencies or new text end a consortium of local educational agencies in the state; deleted text begin anddeleted text end new text begin ornew text end

(2) high-quality computer science professional learning providers, including institutions of higher education in the state that are reasonably accessible geographically to all Minnesota educators, nonprofits, other state-funded entities, or private entities working in partnership with a consortium of local educational agencies.

(c) For purposes of this subdivision, eligible uses of funding include:

(1) high-quality professional learning opportunities for kindergarten through grade 12 computer science content that:

(i) are created and delivered in a consistent manner across the state;

(ii) are made available with no out-of-pocket expenses to educators, including teachers, counselors, administrators, and other district employees as approved by the Department of Education, schools, and school districts;

(iii) are made available asynchronously online, in person, and online or hybrid as determined appropriate by the Department of Education; and

(iv) include introductory, intermediate, and advanced trainings aligned to the kindergarten through grade 12 academic standards or, as necessary, other standards approved by the Department of Education, specified for each of the grade bands kindergarten through grade 2, grades 3 to 5, grades 6 to 8, and grades 9 to 12;

(2) professional learning opportunities for educators of students in grades 9 to 12 that may include trainings for advanced placement, international baccalaureate, and concurrent enrollment credit computer science courses;

(3) travel expenses for kindergarten through grade 12 computer science teachers:

(i) for attending training opportunities under clauses (1) and (2); and

(ii) deemed appropriate and approved by the commissioner of education, or the commissioner of education's designee;

(4) any future credentialing for kindergarten through grade 12 computer science teachers, including Career and Technical Education and academic endorsements;

(5) supports for kindergarten through grade 12 computer science professional learning, including mentoring and coaching;

(6) creation and deployment of resources to promote training opportunities and recruitment of kindergarten through grade 12 computer science teachers;

(7) creation or purchase of resources to support implementation approved by the commissioner of education, or the commissioner of education's designee;

(8) creation and deployment of resources to promote learning opportunities or recruit students to engage in the learning opportunities;

(9) development of teacher credentialing programs;

(10) planning for districts to implement or expand computer science education opportunities; deleted text begin anddeleted text end new text begin ornew text end

(11) employment, or grant for employment, of personnel or contractors to oversee the statewide initiative, develop programs and trainings, and deliver training opportunities under clause (1).

(d) As a condition of receiving any funding through grants or subcontracts, eligible entities must submit an application to the Department of Education. The application must, at a minimum, address how the entity will:

(1) reach new and existing teachers with little to no computer science background;

(2) attract and support educators from schools that currently do not have established computer science education programs;

(3) use research- or evidence-based practices for high-quality professional development;

(4) focus the professional learning on the conceptual foundations of computer science;

(5) reach and support subgroups underrepresented in computer science;

(6) provide teachers with concrete experience through hands-on, inquiry-based practices;

(7) accommodate the particular teacher and student needs in each district and school; and

(8) ensure that participating districts begin offering new text begin computer science new text end courses or new text begin computer science new text end contentnew text begin as part of another coursenew text end within the same or subsequent school year after the teacher receives the professional learning.

(e) The Department of Education shall prioritize the following applications:

(1) new text begin local educational agencies or new text end consortiums of local educational agencies that are working in partnership with providers of high-quality professional learning for kindergarten through grade 12 computer science;

(2) proposals that describe strategies to increase new text begin computer science participation or new text end enrollment overall, including but not limited to subgroups of students that are traditionally underrepresented in computer science; and

(3) proposals from rural or urban areas with a low penetration of kindergarten through grade 12 computer science offerings, including local education consortiums within these areas.

(f) The award recipient shall report, for all funding received under this section annually, at a minimum:

(1) the number of teachers:

(i) trained within each elementary, middle, and high school; and

(ii) trained within trainings offered as outlined in paragraph (c), clause (1), item (iv);

(2) the number of trainings offered in advanced placement, international baccalaureate, and concurrent enrollment credit computer science courses; and

(3) the number of teachers, and percentage of teachers trained, that started implementing computer science courses limited to middle and high school implementation.

(g) The Department of Education shall make these reports public. The publicly released data shall not include student-level personally identifiable information.

Sec. 13.

Laws 2023, chapter 55, article 2, section 64, subdivision 2, as amended by Laws 2024, chapter 81, section 8, is amended to read:

Subd. 2.

Achievement and integration aid.

(a) For achievement and integration aid under Minnesota Statutes, section 124D.862:

$ 82,818,000 ..... 2024
$ deleted text begin 84,739,000 deleted text end new text begin 85,043,000 new text end ..... 2025

(b) The 2024 appropriation includes $8,172,000 for 2023 and $74,646,000 for 2024.

(c) The 2025 appropriation includes $8,294,000 for 2024 and deleted text begin $76,445,000deleted text end new text begin $76,749,000new text end for 2025.

Sec. 14.

Laws 2023, chapter 55, article 2, section 64, subdivision 9, is amended to read:

Subd. 9.

Computer science education advancement.

(a) For computer science advancement:

$ 500,000 ..... 2024
$ 500,000 ..... 2025

(b) Of this amount, $150,000 is for the computer science supervisor.

new text begin (c) For fiscal year 2025 only, $50,000 must be transferred to the Professional Educator Licensing and Standards Board for computer science teacher licensure activities. new text end

deleted text begin (c)deleted text end new text begin (d)new text end Eligible uses of the appropriation include expenses related to the implementation of article 2, section 61, deleted text begin anddeleted text end new text begin ornew text end expenses related to the development, advancement, and promotion of kindergarten through grade 12 computer science education.

deleted text begin (d)deleted text end new text begin (e)new text end Any balance in the first year does not cancel and is available in the second year.

Sec. 15.

Laws 2023, chapter 55, article 2, section 64, subdivision 14, is amended to read:

Subd. 14.

Ethnic studies school grants.

(a) For competitive grants to school districts and charter schools to develop, evaluate, and implement ethnic studies courses:

$ 700,000 ..... 2024
$ 700,000 ..... 2025

(b) The commissioner must consult with the Ethnic Studies Working Group to develop criteria for the grants.

(c) Up to five percent of the appropriation is available for grant administration.

new text begin (d) Any balance in the first year does not cancel but is available in the second year. 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. 16.

Laws 2023, chapter 55, article 2, section 64, subdivision 16, is amended to read:

Subd. 16.

Full-service community schools.

(a) For grants to plan or expand the full-service community schools program under Minnesota Statutes, section 124D.231:

$ 7,500,000 ..... 2024
$ 7,500,000 ..... 2025

(b) Of this amount, priority must be given to programs in the following order:

(1) current grant recipients issued under Minnesota Statutes, section 124D.231;

(2) schools identified as low-performing under the federal Every Student Succeeds Act; and

(3) any other applicants.

(c) Up to two percent of the appropriation is available for grant administration.

(d) The base for fiscal year 2026 and later is $5,000,000.

new text begin (e) Any balance in the first year does not cancel but is available in the second year. 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. 17.

Laws 2023, chapter 55, article 2, section 64, subdivision 26, is amended to read:

Subd. 26.

Minnesota Council on Economic Education.

(a) For a grant to the Minnesota Council on Economic Education:

$ 200,000 ..... 2024
$ 200,000 ..... 2025

(b) The grant must be used to:

(1) provide professional development to kindergarten through grade 12 teachers implementing state graduation standards in learning areas related to economic education; and

(2) support the direct-to-student ancillary economic and personal finance programs that teachers supervise and coach.

(c) By February 15 of each year following the receipt of a grant, the Minnesota Council on Economic Education must report to the commissioner of education the number and type of in-person and online teacher professional development opportunities provided by the Minnesota Council on Economic Education or its affiliated state centers. The report must include a description of the content, length, and location of the programs; the number of preservice and licensed teachers receiving professional development through each of these opportunities; and summaries of evaluations of teacher professional opportunities.

(d) deleted text begin The Department of Education must pay the full amount of the grant to the Minnesota Council on Economic Education by August 15 of each fiscal year for which the grant is appropriated.deleted text end The Minnesota Council on Economic Education must submit its fiscal reporting in the form and manner specified by the commissioner. The commissioner may request additional information as necessary.

(e) Any balance in the first year does not cancel but is available in the second year.

(f) The base for fiscal year 2026 and later is $0.

Sec. 18.

Laws 2023, chapter 55, article 2, section 64, subdivision 31, is amended to read:

Subd. 31.

Nonexclusionary discipline.

(a) For grants to school districts and charter schools to provide training for school staff on nonexclusionary disciplinary practices:

$ 1,750,000 ..... 2024
$ 1,750,000 ..... 2025

(b) Grants are to develop training and to work with schools to train staff on nonexclusionary disciplinary practices that maintain the respect, trust, and attention of students and help keep students in classrooms. These funds may also be used for grant administration.

(c) Eligible grantees include school districts, charter schools, intermediate school districts, and cooperative units as defined in section 123A.24, subdivision 2.

(d) Up to five percent of the appropriation is available for grant administration.

new text begin (e) Any balance in the first year does not cancel but is available in the second year. 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. 19.

Laws 2023, chapter 55, article 2, section 64, subdivision 33, is amended to read:

Subd. 33.

P-TECH schools.

(a) For P-TECH support grants under Minnesota Statutes, section 124D.093, subdivision 5:

$ 791,000 ..... 2024
$ deleted text begin 791,000 deleted text end new text begin 0 new text end ..... 2025

(b) The amounts in this subdivision are for grants, including to a public-private partnership that includes Independent School District No. 535, Rochester.

(c) deleted text begin Any balance in the first year does not cancel but is available in the second yeardeleted text end new text begin This appropriation is available until June 30, 2025. The base for fiscal year 2026 and later is $0new text end .

new text begin (d) Up to five percent of the fiscal year 2024 appropriation is available for grant administration. 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. 20.

new text begin ALTERNATIVE TO PUBLISHING. new text end

new text begin (a) Notwithstanding any law to the contrary, when a qualified newspaper designated by a school district ceases to exist for any reason except consolidation with another newspaper, the school district may publish its proceedings on the school district's website instead of publishing the proceedings in a newspaper. The school district must also request that the same information be posted at each public library located within the school district for the notice's publication period. This section expires August 1, 2026. new text end

new text begin (b) If, before August 1, 2026, there is a newspaper located within a school district's boundaries that is qualified to be designated as the school district's official newspaper pursuant to Minnesota Statutes, section 331A.04, then the exemption provided in this section shall not apply, provided that the qualified newspaper's legal rate is not more than ten percent above the rate charged by the school district's previous official newspaper and the qualified newspaper provides some coverage of the activities of the school district that is publishing the notice. new text end

Sec. 21.

new text begin HEALTH EDUCATION STANDARDS. new text end

new text begin Subdivision 1. new text end

new text begin Statewide standards. new text end

new text begin The commissioner of education must begin the rulemaking process to adopt statewide academic standards in health in accordance with Minnesota Statutes, chapter 14 and section 120B.021. The commissioner must consult with the commissioner of health and the commissioner of human services in developing the proposed rules. The rules must include at least the expectations for student learning listed in subdivision 2, and may include the expectations in subdivision 3, in addition to other expectations for learning identified through the standards development process. new text end

new text begin Subd. 2. new text end

new text begin Required health-related subject areas. new text end

new text begin The commissioner must include the following expectations for learning in the statewide standards: new text end

new text begin (1) cardiopulmonary resuscitation and automatic external defibrillator education that allows districts to provide instruction to students in grades 7 through 12 in accordance with Minnesota Statutes, section 120B.236; new text end

new text begin (2) vaping awareness and prevention education that allows districts to provide instruction to students in grades 6 through 8 in accordance with Minnesota Statutes, section 120B.238, subdivision 3; new text end

new text begin (3) cannabis use and substance use education that allows districts to provide instruction to students in grades 6 through 12 in accordance with Minnesota Statutes, section 120B.215; new text end

new text begin (4) sexually transmitted infections and diseases education that meets the requirements of Minnesota Statutes, section 121A.23; and new text end

new text begin (5) mental health education for students in grades 4 through 12. new text end

new text begin Subd. 3. new text end

new text begin Other health-related subject areas. new text end

new text begin The commissioner may include the following expectations for learning in the statewide standards: new text end

new text begin (1) child sexual abuse prevention education in accordance with Minnesota Statutes, sections 120B.021, subdivision 1, paragraph (d); and 120B.234; new text end

new text begin (2) violence prevention education in accordance with Minnesota Statutes, section 120B.22; new text end

new text begin (3) character development education in accordance with Minnesota Statutes, section 120B.232; new text end

new text begin (4) safe and supportive schools education in accordance with Minnesota Statutes, section 121A.031, subdivision 5; and new text end

new text begin (5) other expectations for learning identified through the standards development process. new text end

Sec. 22.

new text begin APPROPRIATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated. new text end

new text begin Subd. 2. new text end

new text begin Civic education grants. new text end

new text begin (a) For grants to the YMCA Youth in Government program and the YMCA Center for Youth Voice program to support civic education programs for youth age 18 and under by providing teacher professional development, educational resources, and program support: new text end

new text begin $ new text end new text begin 150,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) The Youth in Government and Center for Youth Voice programs must instruct students in: new text end

new text begin (1) the constitutional principles and the democratic foundation of our national, state, and local institutions; and new text end

new text begin (2) the political processes and structures of government, grounded in the understanding of constitutional government and individual rights. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three percent of the appropriation is available for grant administration. new text end

new text begin (d) This is a onetime appropriation. new text end

new text begin Subd. 3. new text end

new text begin Minnesota Youth Council. new text end

new text begin (a) For a grant to the Minnesota Alliance With Youth for the activities of the Minnesota Youth Council: new text end

new text begin $ new text end new text begin 375,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three percent of the appropriation is available for grant administration. new text end

new text begin (c) This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin (a) For rulemaking and administrative costs related to health education standards: new text end

new text begin $ new text end new text begin 627,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 5. new text end

new text begin P-TECH schools. new text end

new text begin (a) For P-TECH implementation grants under Minnesota Statutes, section 124D.093, subdivision 5: new text end

new text begin $ new text end new text begin 791,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) The amount in paragraph (a) is for a grant to a public-private partnership that includes Independent School District No. 535, Rochester. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the department may retain money from this appropriation for administrative costs under Minnesota Statutes, section 124D.093, subdivision 5. new text end

new text begin (d) This appropriation is available until June 30, 2027. new text end

new text begin (e) The department may award start-up and mentoring and technical assistance grants beginning in fiscal year 2026. The base for fiscal year 2026 is $791,000, of which at least $500,000 is for a support grant to a public-private partnership that includes Independent School District No. 535, Rochester. The base for fiscal year 2027 and later is $791,000, of which at least $250,000 is for a support grant to a public-private partnership that includes Independent School District No. 535, Rochester. new text end

ARTICLE 3

THE READ ACT

Section 1.

Minnesota Statutes 2023 Supplement, section 120B.124, subdivision 1, is amended to read:

Subdivision 1.

Resources.

new text begin (a) new text end The Department of Education must partner with CAREI for two years beginning July 1, 2023, until August 30, 2025, to support implementation of the Read Act. The department and CAREI must jointly:

(1) identify at least five literacy curricula and supporting materials that are evidence-based or focused on structured literacy by January 1, 2024, and post a list of the curricula on the department website. The list must include curricula that use culturally and linguistically responsive materials that reflect diverse populations anddeleted text begin , to the extent practicable,deleted text end curricula that reflect the experiences of students from diverse backgrounds, including multilingual learners, biliterate students, and students who are Black, Indigenous, and People of Color. new text begin A district that purchases an approved curriculum before the cultural responsiveness review is completed is encouraged to work with the curriculum's publisher to obtain updated materials that are culturally and linguistically responsive and reflect diverse populations.new text end A district is not required to use an approved curriculumdeleted text begin , unless the curriculum was purchased deleted text end deleted text begin with state funds that require a curriculum to be selected from a list of approved curriculadeleted text end ;

(2) identify at least three professional development programs that focus on the five pillars of literacy and the components of structured literacy by August 15, 2023, subject to final approval by the department. The department must post a list of the programs on the department website. The programs may include a program offered by CAREI. The requirements of section 16C.08 do not apply to the selection of a provider under this section;

(3) identify evidence-based literacy intervention materials for students in kindergarten through grade 12;

(4) develop an evidence-based literacy lead training new text begin and coachingnew text end program that trains new text begin and supportsnew text end literacy specialists throughout Minnesota to support schools' efforts in screening, measuring growth, monitoring progress, and implementing interventions in accordance with subdivision 1new text begin . Literacy lead training must include instruction on how to train paraprofessionals and volunteers that provide Tier 2 interventions on evidence-based literacy interventionnew text end ;

(5) identify measures of foundational literacy skills and mastery that a district must report on a local literacy plan;

(6) provide guidance to districts about best practices in literacy instruction, and practices that are not evidence-based;

(7) develop MTSS model plans that districts may adopt to support efforts to screen, identify, intervene, and monitor the progress of students not reading at grade level; deleted text begin anddeleted text end

(8) ensure that teacher professional development options and MTSS framework trainings are geographically equitable by supporting trainings through the regional service cooperativesdeleted text begin .deleted text end new text begin ;new text end

new text begin (9) develop a coaching and mentorship program for certified trained facilitators based on the previously approved trainings; and new text end

new text begin (10) identify at least 15 evidence-based literacy intervention models by November 1, 2025, and post a list of the interventions on the department website. A district is not required to use an approved intervention model. new text end

new text begin (b) The department must contract with a third party to develop culturally and linguistically responsive supplemental materials and guidance for the approved literacy curricula to meet the culturally and linguistically responsive standards under paragraph (a), clause (1). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 120B.124, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Volunteer and paraprofessional training. new text end

new text begin (a) The department and CAREI must develop and provide training on evidence-based literacy interventions for the following unlicensed persons that regularly provide Tier 2 interventions to students in Minnesota districts: new text end

new text begin (1) paraprofessionals and other unlicensed school staff; and new text end

new text begin (2) volunteers, contractors, and other persons not employed by Minnesota districts. new text end

new text begin (b) The regional literacy networks must develop and provide training on evidence-based literacy interventions consistent with paragraph (a). new text end

new text begin (c) CAREI and the regional literacy networks must collaborate to ensure that training provided by CAREI and the regional literacy networks is consistent across providers. The trainings must not exceed eight hours. The trainings must be based on approved training developed for teachers, and must include a train the trainer component to enable literacy leads to provide the training to paraprofessionals and volunteers. CAREI and the regional literacy networks must provide the trainings at no cost to paraprofessionals and other unlicensed school staff who regularly provide Tier 2 interventions to students in Minnesota districts. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 124D.98, subdivision 5, is amended to read:

Subd. 5.

Literacy incentive aid uses.

A school district must use its literacy incentive aid to support implementation of evidence-based reading instruction. The following are eligible uses of literacy incentive aid:

(1) training for kindergarten through grade 3 teachers, early childhood educators, special education teachers, reading intervention teachers working with students in kindergarten through grade 12, curriculum directors, and instructional support staff that provide reading instruction, on using evidence-based screening and progress monitoring tools;

(2) evidence-based training using a training program approved by the Department of Educationnew text begin under the Read Actnew text end ;

(3) employing or contracting with a literacy lead, as defined in section deleted text begin 120B.1118deleted text end new text begin 120B.119new text end ;

new text begin (4) employing an intervention specialist; new text end

deleted text begin (4)deleted text end new text begin (5) approved screeners,new text end materials, training, and ongoing coaching to ensure reading interventions under section 125A.56, subdivision 1, are evidence-based; deleted text begin anddeleted text end

deleted text begin (5)deleted text end new text begin (6)new text end costs of substitute teachers to allow teachers to complete required training during the teachers' contract daydeleted text begin .deleted text end new text begin ; andnew text end

new text begin (7) stipends for teachers completing training required under section 120B.12. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 4.

Laws 2023, chapter 55, article 3, section 11, subdivision 3, is amended to read:

Subd. 3.

Read Act deleted text begin curriculum and intervention materials reimbursementdeleted text end new text begin literacy aidnew text end .

(a) deleted text begin To reimbursedeleted text end new text begin For state aid fornew text end school districts, charter schools, and cooperative units for evidence-based literacy supports for children in prekindergarten through grade 12 based on structured literacy:

$ 35,000,000 ..... 2024

deleted text begin (b) The commissioner must use this appropriation to reimburse school districts, charter schools, and cooperatives for approved evidence-based structured literacy curriculum and supporting materials, and intervention materials purchased after July 1, 2021. An applicant must apply for the reimbursement in the form and manner determined by the commissioner. deleted text end

deleted text begin (c) The commissioner must report to the legislative committees with jurisdiction over kindergarten through grade 12 education the districts, charter schools, and cooperative units that receive literacy grants and the amounts of each grant, by January 15, 2025, according to Minnesota Statutes, section 3.195. deleted text end

new text begin (b) The aid amount for each school district, charter school, and cooperative unit providing direct instructional services equals the greater of $2,000 or $39.94 times the number of students served by the school district, charter school, or cooperative as determined by the fall 2023 enrollment count of students. new text end

new text begin (c) A school district, charter school, or cooperative unit must place any aid received under this subdivision in a reserved account in the general fund. Aid in the reserved account must be used to implement requirements under the Read Act or for literacy incentive aid uses under Minnesota Statutes, section 124D.98, subdivision 5. new text end

deleted text begin (d) A school district, charter school, or cooperative unit must purchase curriculum and instructional materials that reflect diverse populations. deleted text end

deleted text begin (e)deleted text end new text begin (d)new text end Of this amount, up to $250,000 is available for deleted text begin grantdeleted text end administration.

deleted text begin (f)deleted text end new text begin (e)new text end This is a onetime appropriation and is available until June 30, deleted text begin 2028deleted text end new text begin 2025new text end .

new text begin (f) This aid is 100 percent payable in fiscal year 2025. 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.

Laws 2023, chapter 55, article 3, section 11, subdivision 4, is amended to read:

Subd. 4.

Read Act professional development.

(a) For evidence-based training on structured literacy for teachers working in school districts, charter schools, and cooperatives:

$ 34,950,000 ..... 2024
$ deleted text begin 0 deleted text end
new text begin 4,000,000 new text end
..... 2025

(b) Of the amount new text begin for fiscal year 2024 new text end in paragraph (a), $18,000,000 is for new text begin the Department of Education and the new text end regional literacy networks and $16,700,000 is for statewide training. The department must use the funding to develop new text begin a data collection system to collect and analyze the submission of the local literacy plans and student-level universal screening data, to establish the new text end regional literacy networks as a partnership between the department and the Minnesota service cooperatives, and to administer statewide training based in structured literacy to be offered free to school districts and charter schools and facilitated by the regional literacy networks and the department. The regional literacy networks must focus on implementing comprehensive literacy reform efforts based on structured literacy. Each regional literacy network must add a literacy lead position and establish a team of trained literacy coaches to facilitate evidence-based structured literacy training opportunities and ongoing supports to school districts and charter schools in each of their regions.new text begin The amount in fiscal year 2025 is for statewide training. Funds appropriated under this subdivision may also be used to provide training in structured literacy to fourth and fifth grade classroom teachers and literacy professors from Minnesota institutions of higher education.new text end

(c) Of the amount in paragraph (a), $250,000 new text begin in fiscal year 2024 only new text end is for administration.

(d) If funds remain unspent on July 1, 2026, the commissioner must expand eligibility for approved training to include principals and other district, charter school, or cooperative administrators.

(e) The commissioner must report to the legislative committees with jurisdiction over kindergarten through grade 12 education the number of teachers from each district who received approved structured literacy training using funds under this subdivision, and the amounts awarded to districts, charter schools, or cooperatives.

(f) The regional literacy networks and staff at the Department of Education must provide ongoing support to school districts, charter schools, and cooperatives implementing evidence-based literacy instruction.

(g) This appropriation is available until June 30, 2028. The base for fiscal year 2026 and later is $7,750,000, of which $6,500,000 is for the regional literacy networks and $1,250,000 is for statewide training.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

new text begin READ ACT DEAF, DEAFBLIND, AND HARD OF HEARING WORKING GROUP. new text end

new text begin Subdivision 1. new text end

new text begin Working group purpose. new text end

new text begin The Department of Education must establish a working group to make recommendations on literacy training, screeners, and curriculum for students who cannot fully access sound-based approaches such as phonics. new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The Department of Education must appoint representatives from the Center for Applied Research and Educational Improvement at the University of Minnesota; the Minnesota Commission of the Deaf, Deafblind and Hard of Hearing; the Minnesota State Academies; Metro Deaf School; intermediate school districts; regional low-incidence facilitators; a Deaf and Hard of Hearing teacher licensure preparation program in Minnesota approved by the Professional Educator Licensing and Standards Board; and teachers of students who are deaf, deafblind, or hard of hearing. new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The working group must review curriculum, screeners, and training approved under the Read Act and make recommendations for adapting curriculum, screeners, and training available to districts, charter schools, teachers, and administrators to meet the needs of students and educators who cannot fully access sound-based approaches. The report must address how approved curriculum, screeners, and training may be modified and identify resources for alternatives to sound-based approaches. The working group must post its report on the Department of Education website, and submit the report to the legislative committees with jurisdiction over kindergarten through grade 12 education no later than January 15, 2025. new text end

new text begin Subd. 4. new text end

new text begin Administrative provisions. new text end

new text begin (a) The commissioner, or the commissioner's designee, must convene the initial meeting of the working group. At the first meeting, the department must provide members of the working group information on structured literacy and the curriculum, screeners, and training approved under the Read Act. new text end

new text begin (b) Members of the working group are eligible for per diem compensation as provided under Minnesota Statutes, section 15.059, subdivision 3. The working group expires January 16, 2025, or upon submission of the report to the legislature under subdivision 3, whichever is earlier. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

new text begin TEACHER COMPENSATION FOR READ ACT TRAINING. new text end

new text begin Subdivision 1. new text end

new text begin Funding uses. new text end

new text begin (a) For purposes of this section, "district" means a school district, charter school, or cooperative unit providing direct instructional services. new text end

new text begin (b) A district must use the funding appropriated under this section only to compensate eligible teachers for completing approved training required under the Read Act. Notwithstanding Minnesota Statutes, section 179A.20, subdivision 3, a district must enter into a memorandum of understanding with the exclusive representative of teachers in the district that provides how funding under this section may be used. Compensation of eligible teachers may include but is not limited to: new text end

new text begin (1) stipends; new text end

new text begin (2) payments based on a teacher's regular hourly rate of pay and the number of hours necessary to complete the approved training; and new text end

new text begin (3) full or partial reimbursement for training in structured literacy that was paid for by the teacher, and later approved under the Read Act. new text end

new text begin (c) If a district's teachers are not represented by an exclusive representative, the district may adopt a plan to compensate teachers for completing approved training required under the Read Act in accordance with this section after consulting with its teachers. new text end

new text begin Subd. 2. new text end

new text begin Reserve account. new text end

new text begin A district must reserve aid provided to compensate teachers for Read Act training and use the aid only for the purposes of this section. new text end

new text begin Subd. 3. new text end

new text begin Teacher eligibility. new text end

new text begin A teacher is eligible for compensation under this section if the teacher: new text end

new text begin (1) is currently employed by a district, or is currently contracted between a charter school and a teacher cooperative; new text end

new text begin (2) is currently serving in a position that requires a license issued by the Professional Educator Licensing and Standards Board; and new text end

new text begin (3) is required to receive approved training under Minnesota Statutes, section 120B.123, subdivision 5, and has registered for, started, or completed the approved training. new text end

new text begin Subd. 4. new text end

new text begin Administrative process. new text end

new text begin (a) Within 30 days of entering into a memorandum of understanding or adopting a plan under subdivision 1, a district must pay the required compensation to an eligible teacher in accordance with the memorandum of understanding or plan. new text end

new text begin (b) The Minnesota School Boards Association and Education Minnesota are encouraged to collaborate to develop one or more model memoranda of understanding and make the memoranda available to districts by July 1, 2024. new text end

new text begin (c) The Bureau of Mediation Services must make mediators available to aid districts and exclusive representatives in reaching agreement on the memoranda of understanding required under this section. new text end

new text begin Subd. 5. new text end

new text begin Stipends not considered income for certain purposes. new text end

new text begin (a) Notwithstanding any law to the contrary, payments under this section must not be considered income, assets, or personal property for purposes of determining eligibility or recertifying eligibility for: new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B, and early learning scholarships under Minnesota Statutes, section 124D.165; new text end

new text begin (2) general assistance, Minnesota supplemental aid, and food support under Minnesota Statutes, chapter 256D; new text end

new text begin (3) housing support under Minnesota Statutes, chapter 256I; new text end

new text begin (4) the Minnesota family investment program and diversionary work program under Minnesota Statutes, chapter 256J; and new text end

new text begin (5) economic assistance programs under Minnesota Statutes, chapter 256P. new text end

new text begin (b) The commissioner of human services must not consider a stipend under this section as income or assets when determining medical assistance eligibility under Minnesota Statutes, section 256B.055, subdivisions 7, 7a, and 12; or section 256B.057, subdivisions 3, 3a, 3b, and 4. The commissioner of human services must not include the stipend received under this section when calculating an individual's premiums under Minnesota Statutes, section 256B.057, subdivision 9. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except for subdivision 5, paragraph (b), which is effective July 1, 2024, or upon federal approval, whichever is later. new text end

Sec. 8.

new text begin APPROPRIATIONS; SUPPLEMENTAL READ ACT FUNDING. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are appropriated from the general fund to the Department of Education in the fiscal years designated. new text end

new text begin Subd. 2. new text end

new text begin Teacher compensation for Read Act training. new text end

new text begin (a) For payment of state aid to school districts, charter schools, and cooperative units providing direct instructional services: new text end

new text begin $ new text end new text begin 31,375,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) The state aid for each school district, charter school, and cooperative unit providing direct instruction equals the greater of $2,000 or $36.06 times the number of students served by the school district, charter school, or cooperative unit as determined by the fall 2023 enrollment count of students. The Department of Education must send payments to school districts, charter schools, and cooperative units providing direct instructional services by October 15, 2024. This aid is 100 percent payable in fiscal year 2025. new text end

new text begin (c) This is a onetime appropriation. new text end

new text begin Subd. 3. new text end

new text begin Culturally responsive materials. new text end

new text begin (a) For the Department of Education to issue a request for proposals for a contract to develop supplemental culturally responsive materials for the approved evidence-based structured literacy curricula under Minnesota Statutes, section 120B.124, subdivision 1, paragraph (a), clause (1): new text end

new text begin $ new text end new text begin 1,000,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) The contractor must review all approved instructional and intervention materials to ensure they are culturally responsive within 90 days of receiving the materials from the Department of Education. The contractor must work with publishers to ensure materials are culturally responsive and provide districts with supplementary materials and guidance as needed. new text end

new text begin (c) This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 4. new text end

new text begin Regional literacy network paraprofessional and volunteer training. new text end

new text begin (a) For the regional literacy networks to develop training for paraprofessionals and volunteers that regularly provide Tier 2 literacy interventions to students in accordance with Minnesota Statutes, section 120B.124, subdivision 4: new text end

new text begin $ new text end new text begin 375,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 5. new text end

new text begin CAREI paraprofessional and volunteer training. new text end

new text begin (a) For CAREI to develop training for paraprofessionals and volunteers that regularly provide Tier 2 literacy interventions to students in accordance with Minnesota Statutes, section 120B.124, subdivision 4: new text end

new text begin $ new text end new text begin 375,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 6. new text end

new text begin Read Act Deaf, Deafblind, and Hard of Hearing working group. new text end

new text begin (a) For the Read Act Deaf, Deafblind, and Hard of hearing working group: new text end

new text begin $ new text end new text begin 100,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

ARTICLE 4

AMERICAN INDIAN EDUCATION

Section 1.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 5, is amended to read:

Subd. 5.

Indigenous education for all students.

To support implementation of Indigenous education for all students, the commissioner must:

(1) provide historically accurate, Tribally endorsed, culturally relevant, community-based, contemporary, and developmentally appropriate resources. Resources to implement standards must include professional development and must demonstrate an awareness and understanding of the importance of accurate, high-quality materials about the histories, languages, cultures, and governments of local Tribes;

(2) provide resources to support all students learning about the histories, languages, cultures, governments, and experiences of their American Indian peers and neighbors. Resources to implement standards across content areas must be developed to authentically engage all students and support successful learning; and

(3) conduct a needs assessment by December 31, 2023. The needs assessment must fully inform the development of future resources for Indigenous education for all students by using information from American Indian Tribes and communities in Minnesota, including urban Indigenous communities, Minnesota's Tribal Nations Education Committee, schools and districts, students, and educational organizations. The commissioner must submit a report on the findings and recommendations from the needs assessment to the chairs and ranking minority members of legislative committees with jurisdiction over education; to the American Indian Tribes and communities in Minnesota, including urban Indigenous communities; and to all schools and districts in the state by February 1, 2024.new text begin The commissioner of education must consult with Tribal Nations located in Minnesota and Minnesota's Tribal Nations Education Committee about the need for additional funding necessary for each Tribal Nation located in Minnesota to continue developing resources for Indigenous education for all students. By February 15, 2025, the commissioner must provide links to the materials developed by the Tribal Nations on its website and submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over education highlighting the materials that have been developed and documenting the need for additional resources. A consultation under this section does not replace or limit any consultation required under section 10.65.new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 124D.81, subdivision 2b, is amended to read:

Subd. 2b.

Carry forward of funds.

Notwithstanding section 16A.28, if a school district or Tribal contract school does not expend the full amount of the American Indian education aid in accordance with the plan in the designated fiscal year, the school district or Tribal contract school may carry forward and expend up to half of the remaining funds in the deleted text begin first six months of thedeleted text end following fiscal year, and is not subject to an aid reduction if:

(1) the district is otherwise following the plan submitted and approved under subdivision 2;

(2) the American Indian Parent Advisory Committee for the school is aware of and has approved the carry forward and has concurred with the district's educational offerings extended to American Indian students under section 124D.78;

(3) the funds carried over are used in accordance with section 124D.74, subdivision 1; and

(4) by April 1, the district reports to the Department of Education American Indian education director the reason the aid was not expended in the designated fiscal year, and describes how the district intends to expend the funds in the following fiscal year. The district must report this information in the form and manner determined by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 3.

new text begin APPROPRIATION. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is appropriated from the general fund to the Department of Education for the fiscal year designated. new text end

new text begin Subd. 2. new text end

new text begin Permanent school fund supplemental aid. new text end

new text begin (a) For permanent school fund supplemental aid to American Indian schools as defined under Minnesota Statutes, section 124D.73: new text end

new text begin $ new text end new text begin 40,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) For fiscal year 2025 only, the permanent school fund supplemental aid for an American Indian school equals the product of: new text end

new text begin (1) the amount appropriated under paragraph (a); and new text end

new text begin (2) the ratio of (i) the fiscal year 2024 average daily membership served of the American Indian school, to (ii) the total fiscal year 2024 average daily membership served of all American Indian schools in the state. new text end

new text begin (c) Aid under this subdivision must be paid 100 percent in the current year on a schedule determined by the commissioner. new text end

new text begin (d) This is a onetime appropriation. new text end

ARTICLE 5

TEACHERS

Section 1.

Minnesota Statutes 2023 Supplement, section 121A.642, is amended to read:

121A.642 PARAPROFESSIONAL TRAINING.

Subdivision 1.

Training required.

new text begin (a) For purposes of this section, "school" means new text end a school district deleted text begin ordeleted text end new text begin ,new text end charter schoolnew text begin , intermediate school district, other cooperative unit, Perpich Center for Arts Education, or the Minnesota State Academies.new text end

new text begin (b) A schoolnew text end must provide a minimum of eight hours of paid orientation or professional development annually to all paraprofessionals, Title I aides, and other instructional support staff.

new text begin (c)new text end Six of the eight hours must be completed before the first instructional day of the school year or within 30 days of hire.

new text begin (d)new text end The orientation or professional development must be relevant to the employee's occupation and may include collaboration time with classroom teachers and planning for the school year.

new text begin (e)new text end For paraprofessionals who provide direct support to students, at least 50 percent of the professional development or orientation must be dedicated to meeting the requirements of this section. Professional development for paraprofessionals may also address the requirements of section 120B.363, subdivision 3.

new text begin (f)new text end A school administrator must provide an annual certification of compliance with this requirement to the commissioner.

new text begin (g) For the 2024-2025 school year only, a school may reduce the hours of training required in paragraphs (b) to (e) to a minimum of six hours and must pay for paraprofessional test materials and testing fees for any paraprofessional employed by the school district during the 2023-2024 school year who has not yet successfully completed the paraprofessional assessment or met the requirements of the paraprofessional competency grid. new text end

Subd. 2.

Reimbursement for paraprofessional training.

(a) Beginning in fiscal year 2025, the commissioner of education must reimburse deleted text begin school districts, charter schools, intermediate school districts and other cooperative units, the Perpich Center for Arts Education, and the Minnesota State Academiesdeleted text end new text begin schoolsnew text end in the form and manner specified by the commissioner for paraprofessional training costs.

(b) The paraprofessional reimbursement equals the prior year compensation expenses associated with providing up to eight hours of paid orientation and professional development for each paraprofessional trained under subdivision 1.new text begin For purposes of this paragraph, "compensation expenses" means the sum of the following amounts attributable to the school's paraprofessionals:new text end

new text begin (1) regular hourly wages; new text end

new text begin (2) Federal Insurance Contributions Act (FICA) taxes under United States Code, title 26, chapter 21; and new text end

new text begin (3) the employer share of retirement contributions required under chapter 352, 353, 354, or 354A. new text end

(c) The commissioner may establish procedures to ensure that any costs reimbursed under this section are excluded from other school revenue calculations.

new text begin (d) For reimbursements paid in fiscal year 2026 only, the commissioner must reimburse a school for six hours of paraprofessional training required under subdivision 1, paragraph (b). new text end

new text begin (e) In addition to the amounts under paragraph (d), for fiscal year 2026 only, the commissioner must pay each school an additional amount equal to 33.33 percent of the amount in paragraph (d). The school must use these funds either for paraprofessional test preparation and exam fees under subdivision 1, paragraph (g), or additional training under subdivision 1, paragraph (b). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 122A.415, subdivision 4, is amended to read:

Subd. 4.

Basic alternative teacher compensation aid.

(a) The basic alternative teacher compensation aid for a school with a plan approved under section 122A.414, subdivision 2b, equals 65 percent of the alternative teacher compensation revenue under subdivision 1. The basic alternative teacher compensation aid for a charter school with a plan approved under section 122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils enrolled in the school on October 1 of the previous year, or on October 1 of the current year for a charter school in the first year of operation, times the ratio of the sum of the alternative teacher compensation aid and alternative teacher compensation levy for all participating school districts to the maximum alternative teacher compensation revenue for those districts under subdivision 1.

(b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative teacher compensation aid entitlement must not exceed $88,118,000 for fiscal year 2023; $88,461,000 for fiscal year 2024; deleted text begin $88,461,000deleted text end new text begin $88,961,000new text end for fiscal year 2025; and $89,486,000 for fiscal year 2026 and later. The commissioner must limit the amount of alternative teacher compensation aid approved under this section so as not to exceed these limits by not approving new participants or by prorating the aid among participating districts, intermediate school districts, school sites, and charter schools. The commissioner may also reallocate a portion of the allowable aid for the biennium from the second year to the first year to meet the needs of approved participants.

(c) Basic alternative teacher compensation aid for an intermediate district or other cooperative unit equals $3,000 times the number of licensed teachers employed by the intermediate district or cooperative unit on October 1 of the previous school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2025 and later. new text end

Sec. 3.

Minnesota Statutes 2022, section 122A.415, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Revenue reserved. new text end

new text begin Revenue received under this section must be reserved and used only for the programs authorized under section 122A.414. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2025 and later. new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 122A.73, subdivision 2, is amended to read:

Subd. 2.

Grow Your Own district programs.

(a) A school district, charter school, new text begin Tribal contract school, new text end or cooperative unit under section 123A.24, subdivision 2, may apply for a grant for a teacher preparation program that meets the requirements of paragraph (c) to establish a Grow Your Own pathway for adults to obtain their first professional teaching license. The grant recipient must use at least 80 percent of grant funds to provide tuition scholarships or stipends to enable deleted text begin school districtdeleted text end new text begin grant recipientnew text end employees or community members affiliated with a deleted text begin school districtdeleted text end new text begin grant recipientnew text end , who are of color or American Indian and who seek a teaching license, to participate in the teacher preparation program. Grant funds may also be used to pay for teacher licensure exams and licensure fees.

(b) A district using grant funds under this subdivision to provide financial support to teacher candidates may require a commitment as determined by the district to teach in the deleted text begin districtdeleted text end new text begin school district, charter school, Tribal contract school, or cooperative unitnew text end for a reasonable amount of time that does not exceed five years.

(c) A grantee must partner with:

(1) a Professional Educator Licensing and Standards Board-approved teacher preparation program;

(2) a Council for the Accreditation of Educator Preparation-accredited teacher preparation program from a private, not for profit, institution of higher education; or

(3) an institution that has an articulated transfer pathway with a board-approved teacher preparation program.

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.

Minnesota Statutes 2023 Supplement, section 122A.73, subdivision 3, is amended to read:

Subd. 3.

Grants for programs serving secondary school students.

(a) A school districtnew text begin ,new text end deleted text begin ordeleted text end charter schoolnew text begin , Tribal contract school, or cooperative unitnew text end may apply for grants under this section to offer other innovative programs that encourage secondary school students, especially students of color and American Indian students, to pursue teaching. To be eligible for a grant under this subdivision, an applicant must ensure that the aggregate percentage of secondary school students of color and American Indian students participating in the program is equal to or greater than the aggregate percentage of students of color and American Indian students in the school district, charter school,new text begin Tribal contract school,new text end or cooperative unit.

(b) A grant recipient must use grant funds awarded under this subdivision for:

(1) supporting future teacher clubs or service-learning opportunities that provide middle and high school students with experiential learning that supports the success of younger students or peers and increases students' interest in pursuing a teaching career;

(2) developing and offering postsecondary enrollment options for "Introduction to Teaching" or "Introduction to Education" courses consistent with section 124D.09, subdivision 10, that meet degree requirements for teacher licensure;

(3) providing direct support, including wrap-around services, for students who are of color or American Indian to enroll and be successful in postsecondary enrollment options courses under section 124D.09 that would meet degree requirements for teacher licensure; or

(4) offering scholarships to graduating high school students who are of color or American Indian to enroll in board-approved undergraduate teacher preparation programs at a college or university in Minnesotanew text begin or in an institution that has an articulated transfer pathway with a board-approved teacher preparation programnew text end .

(c) The maximum grant award under this subdivision is $500,000. The commissioner may consider the number of participants a grant recipient intends to support when determining a grant amount.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2022, section 122A.73, subdivision 4, is amended to read:

Subd. 4.

Grant procedure.

(a) deleted text begin A districtdeleted text end new text begin An applicantnew text end must apply for a grant under this section in the form and manner specified by the commissioner. The commissioner must give priority to deleted text begin districtsdeleted text end new text begin applicantsnew text end with the highest total number or percentage of students who are of color or American Indian. To the extent that there are sufficient applications, the commissioner must, to the extent practicable, award an equal number of grants between deleted text begin districtsdeleted text end new text begin applicantsnew text end in greater Minnesota and those in the Twin Cities metropolitan area.

(b) deleted text begin For the 2022-2023 school year and later,deleted text end Grant applications for new and existing programs must be received by the commissioner no later than January 15 of the year prior to the school year in which the grant will be used. The commissioner must review all applications and notify grant recipients by March 15 or as soon as practicable of the anticipated amount awarded. If the commissioner determines that sufficient funding is unavailable for the grants, the commissioner must notify grant applicants by June 30 or as soon as practicable that there are insufficient funds.

deleted text begin (c) For the 2021-2022 school year, the commissioner must set a timetable for awarding grants as soon as practicable. deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 1, is amended to read:

Subdivision 1.

Grant program established.

The commissioner of education must administer a grant program to develop a pipeline of trained, licensed Tier 3 or Tier 4 special education teachers. A school district, charter school, new text begin Tribal contract school, new text end or cooperative unit under section 123A.24, subdivision 2, may apply for a grant under this section. An applicant must partner with:

(1) a Professional Educator Licensing and Standards Board-approved teacher preparation program;

(2) a Council for the Accreditation of Educator Preparation-accredited teacher preparation program from a private, not-for-profit, institution of higher education; or

(3) an institution that has an articulated transfer pathway with a board-approved teacher preparation program.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 2, is amended to read:

Subd. 2.

Grant uses.

(a) A grant recipient must use grant funds to support participants who are employed by the grant recipient deleted text begin as either a paraprofessional or other unlicensed staff, or a teacher with a Tier 1 or Tier 2 license,deleted text end and demonstrate a willingness to be a special education teacher after completing the program.

(b) A grant recipient may use grant funds for:

(1) tuition assistance or stipends for participants;

(2) supports for participants, including mentoring, licensure test preparation, and technology support; or

(3) participant recruitment.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

new text begin [123B.155] PAID LEAVE FOR SCHOOL CLOSURES. new text end

new text begin (a) A school district or charter school that alters its calendar due to a weather event, public health emergency, or any other circumstance must continue to pay the full wages for scheduled work hours and benefits of all school employees for full or partial day closures, if the district or charter school counts that day as an instructional day for any students in the district or charter school. School employees may be allowed to work from home to the extent practicable. Paid leave for an e-learning day is provided under section 120A.414, subdivision 6. new text end

new text begin (b) Notwithstanding paragraph (a), a school district or charter school that alters the calendar of a school-age care program, school youth recreation and enrichment program, or general community education program due to a weather event, public health emergency, or any other circumstance, while collecting a fee for day of the closure, must continue to pay the full stipend or full wages for scheduled work hours and benefits of all employees in the school-age care program, school youth recreation and enrichment program, or general community education program. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2023 Supplement, section 124D.901, subdivision 3, is amended to read:

Subd. 3.

Student support personnel aid.

(a) The initial student support personnel aid for a school district equals the greater of the student support personnel allowance times the adjusted pupil units at the district for the current fiscal year or $40,000. The initial student support personnel aid for a charter school equals the greater of the student support personnel allowance times the adjusted pupil units at the charter school for the current fiscal year or $20,000.new text begin Aid under this paragraph must be reserved in a fund balance that, beginning in fiscal year 2025, may not exceed the greater of the aid entitlement in the prior fiscal year or the fund balance in the prior fiscal year.new text end

(b) The cooperative student support personnel aid for a school district that is a member of an intermediate school district or other cooperative unit that serves students equals the greater of the cooperative student support allowance times the adjusted pupil units at the district for the current fiscal year or $40,000. If a district is a member of more than one cooperative unit that serves students, the revenue must be allocated among the cooperative units.new text begin Aid under this paragraph must not exceed actual expenditures.new text end

(c) The student support personnel allowance equals $11.94 for fiscal year 2024, $17.08 for fiscal year 2025, and $48.73 for fiscal year 2026 and later.

(d) The cooperative student support allowance equals $0.60 for fiscal year 2024, $0.85 for fiscal year 2025, and $2.44 for fiscal year 2026 and later.

deleted text begin (e) Notwithstanding paragraphs (a) and (b), the student support personnel aid must not exceed the district's, charter school's, or cooperative unit's actual expenditures. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 11.

Laws 2023, chapter 55, article 5, section 64, subdivision 3, as amended by Laws 2024, chapter 81, section 14, is amended to read:

Subd. 3.

Alternative teacher compensation aid.

(a) For alternative teacher compensation aid under Minnesota Statutes, section 122A.415, subdivision 4:

$ deleted text begin $deleted text end 88,706,000 ..... 2024
$ deleted text begin $88,562,000 deleted text end new text begin 89,012,000 new text end ..... 2025

(b) The 2024 appropriation includes $8,824,000 for fiscal year 2023 and $79,882,000 for fiscal year 2024.

(c) The 2025 appropriation includes $8,875,000 for fiscal year 2024 and deleted text begin $79,687,000deleted text end new text begin $80,137,000new text end for fiscal year 2025.

Sec. 12.

Laws 2023, chapter 55, article 5, section 64, subdivision 5, is amended to read:

Subd. 5.

Closing educational opportunity gaps grants.

(a) To support schools in their efforts to close opportunity gaps under Minnesota Statutes, section 120B.113:

$ 3,000,000 ..... 2024
$ 3,000,000 ..... 2025

(b) The department may retain up to five percent of this appropriation to administer the grant program.

(c) The base for fiscal year 2026 and later is $0.

new text begin (d) Any balance in the first year does not cancel but is available in the second year. 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. 13.

Laws 2023, chapter 55, article 5, section 64, subdivision 13, is amended to read:

Subd. 13.

Statewide teacher mentoring program.

(a) For a statewide teacher induction and mentoring program:

$ 9,940,000 ..... 2024
$ 0 ..... 2025

(b) Funds may be used for:

(1) competitive grants to Minnesota regional partners, including institutions of higher education, regional service cooperatives, other district or charter collaboratives, and professional organizations, to provide mentoring supports for new teachers, on-the-ground training, technical assistance, and networks or communities of practice for local new teachers, districts, and charter schools to implement Minnesota's induction model;

(2) competitive grants to school districts to fund deleted text begin Teacher of Recorddeleted text end mentorships to Tier 1 new text begin and Tier 2 new text end special education teachers, including training and supervision; and

(3) contracts with national content experts and research collaboratives to assist in developing Minnesota's induction model, to provide ongoing training to mentors and principals, and to evaluate the program over time.

(c) Up to five percent of the appropriation is available for grant administration.

(d) This is a onetime appropriation and is available until June 30, 2027.

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Laws 2023, chapter 55, article 5, section 64, subdivision 15, is amended to read:

Subd. 15.

Student support personnel workforce pipeline.

(a) For a grant program to develop a student support personnel workforce pipeline focused on increasing school psychologists, school nurses, school counselors, and school social workers of color and Indigenous providers, professional respecialization, recruitment, and retention:

$ 5,000,000 ..... 2024
$ 5,000,000 ..... 2025

(b) Of the amount in paragraph (a), $150,000 is for providing support to school nurses across the state.

(c) To the extent practicable, the pipeline grants must be used to support equal numbers of students pursuing careers as school psychologists, school nurses, school counselors, and school social workers.

(d) For grants awarded under this subdivision to school psychologists, the following terms have the meanings given:

(1) "eligible designated trainee" means an individual enrolled in a NASP-approved or APA-accredited school psychology program granting educational specialist certificates or doctoral degrees in school psychology;

(2) "practica" means an educational experience administered and evaluated by the graduate training program, with university and site supervision by appropriately credentialed school psychologists, to develop trainees' competencies to provide school psychological services based on the graduate program's goals and competencies relative to accreditation and licensure requirements; and

(3) "eligible employment" means a paid position within a school or local education agency directly related to the training program providing direct or indirect school psychology services. Direct services include assessment, intervention, prevention, or consultation services to students or their family members and educational staff. Indirect services include supervision, research and evaluation, administration, program development, technical assistance, or professional learning to support direct services.

(e) Grants awarded to school psychologists must be used for:

(1) the provision of paid, supervised, and educationally meaningful practica in a public school setting for an eligible designated trainee enrolled in a qualifying program within the grantee's institution;

(2) to support student recruitment and retention to enroll and hire an eligible designated trainee for paid practica in public school settings; and

(3) oversight of trainee practica and professional development by the qualifying institution to ensure the qualifications and conduct by an eligible designated trainee meet requirements set forth by the state and accrediting agencies.

(f) Upon successful completion of the graduate training program, grants awarded to school psychologists must maintain eligible employment within Minnesota for a minimum period of one-year full-time equivalent for each academic year of paid traineeship under the grant program.

(g) Up to $150,000 of the appropriation is available for grant administration.

new text begin (h) Any balance in the first year does not cancel but is available in the second year. 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. 15.

Laws 2023, chapter 55, article 5, section 64, subdivision 16, is amended to read:

Subd. 16.

Teacher residency program.

(a) For the teacher residency program that meets the requirements of Minnesota Rules, part 8705.2100, subpart 2, item D, subitem (5), unit (g):

$ 3,000,000 ..... 2024
$ 3,000,000 ..... 2025

(b) Up to three percent of the appropriation is available for grant administration.

(c) Any balance new text begin in the first year new text end does not cancel but is available in the deleted text begin following fiscaldeleted text end new text begin secondnew text end year.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Laws 2023, chapter 55, article 5, section 65, subdivision 3, is amended to read:

Subd. 3.

Collaborative urban and greater Minnesota educators of color grants.

(a) For collaborative urban and greater Minnesota educators of color competitive grants under Minnesota Statutes, section 122A.635:

$ 5,440,000 ..... 2024
$ 5,440,000 ..... 2025

(b) The board may retain up to $100,000 of the appropriation amount to monitor and administer the grant program.

(c) Any balance new text begin in the first year new text end does not cancel but is available in the deleted text begin following fiscaldeleted text end new text begin secondnew text end year.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Laws 2023, chapter 55, article 5, section 65, subdivision 6, is amended to read:

Subd. 6.

Mentoring, induction, and retention incentive program grants for teachers of color.

(a) To develop and expand mentoring, induction, and retention programs designed for teachers of color or American Indian teachers under Minnesota Statutes, section 122A.70:

$ 3,500,000 ..... 2024
$ 3,500,000 ..... 2025

(b) Any balance new text begin in the first year new text end does not cancel but is available in the deleted text begin following fiscaldeleted text end new text begin secondnew text end year.

(c) The base for grants under Minnesota Statutes, section 122A.70, for fiscal year 2026 and later is $4,500,000, of which at least $3,500,000 each fiscal year is for grants to develop and expand mentoring, induction, and retention programs designed for teachers of color or American Indian teachers.

(d) The board may retain up to three percent of the appropriation amount to monitor and administer the grant program.

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

Laws 2023, chapter 55, article 5, section 65, subdivision 7, is amended to read:

Subd. 7.

Pathway preparation grants.

(a) For grants to support teachers holding a new text begin Tier 1 or new text end Tier 2 license and seeking a Tier 3 new text begin or Tier 4 new text end license:

$ 400,000 ..... 2024
$ 400,000 ..... 2025

(b) The following are eligible for grants under this subdivision:

(1) school districts;

(2) charter schools;

(3) service cooperatives; and

(4) partnerships between one or more teacher preparation providers, school districts, or charter schools.

(c) Grant funds must be used to support teachers holding a new text begin Tier 1 or new text end Tier 2 license and seeking a Tier 3 new text begin or Tier 4 new text end license through completion of a teacher preparation program or the licensure via portfolio process. A grant recipient must provide teachers holding a new text begin Tier 1 or new text end Tier 2 license with professional development, mentorship, and coursework aligned to state standards for teacher licensure.

(d) The Professional Educator Licensing and Standards Board may collaborate with the Department of Education and the Office of Higher Education to administer the grant program.

(e) The board may retain up to three percent of the appropriation amount to monitor and administer the grant.

Sec. 19.

new text begin GRANT PROGRAM MODIFICATIONS AUTHORIZED. new text end

new text begin (a) The commissioner of education may allow a Grow Your Own pathway grant recipient to modify its program to align with statutory changes to Minnesota Statutes, section 122A.73, made under this act after the grant was awarded. new text end

new text begin (b) The commissioner of education may allow a special education teacher pipeline grant recipient to modify its program to align with statutory changes to Minnesota Statutes, section 122A.77, made under this act after the grant was awarded. 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. 20.

new text begin STUDENT TEACHING STIPEND PILOT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Pilot program established. new text end

new text begin A pilot program is established to support student teachers placed in Minnesota school districts or charter schools to complete clinical experiences necessary to obtain Minnesota teaching licenses, and help policymakers determine how to reduce the financial burden of completing valuable clinical experiences and strengthen the pipeline of qualified teachers. The pilot program is effective for the 2024-2025 school year. new text end

new text begin Subd. 2. new text end

new text begin Participating teacher preparation program providers. new text end

new text begin (a) The pilot program consists of the following teacher preparation program providers: new text end

new text begin (1) St. Cloud State University; new text end

new text begin (2) Bemidji State University; new text end

new text begin (3) Minnesota State University, Mankato; new text end

new text begin (4) Winona State University; new text end

new text begin (5) Fond du Lac Tribal and Community College; new text end

new text begin (6) the University of Minnesota-Duluth; new text end

new text begin (7) the University of Minnesota-Crookston; and new text end

new text begin (8) Augsburg University. new text end

new text begin (b) A participating teacher preparation program provider must: new text end

new text begin (1) determine the stipend amount based on the available funding and number of eligible student teachers; new text end

new text begin (2) use the full amount of funding provided under this section to award each student teacher placed in a student teaching assignment a stipend of the same amount regardless of the student teacher's financial need or intended licensure area; and new text end

new text begin (3) notify student teachers of their stipend amounts no later than 30 days before the student teacher is placed in a student teaching assignment. new text end

new text begin Subd. 3. new text end

new text begin Student teacher eligibility. new text end

new text begin (a) A student teacher is eligible for a stipend through the pilot program if the student teacher: new text end

new text begin (1) is enrolled in a teacher preparation program approved by the Professional Educator Licensing and Standards Board that requires at least 12 weeks of student teaching in order to be recommended for a Tier 3 teaching license; new text end

new text begin (2) is placed in a Minnesota school district or charter school to complete required student teaching; and new text end

new text begin (3) is meeting satisfactory academic progress as defined under Minnesota Statutes, section 136A.101, subdivision 10. new text end

new text begin (b) A student teacher may receive a stipend under this section, and under Minnesota Statutes, section 136A.1274 or 136A.1275. new text end

new text begin Subd. 4. new text end

new text begin Stipends not considered income for certain purposes. new text end

new text begin (a) Notwithstanding any law to the contrary, payments under this section must not be considered income, assets, or personal property for purposes of determining eligibility or recertifying eligibility for: new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B, and early learning scholarships under Minnesota Statutes, section 124D.165; new text end

new text begin (2) general assistance, Minnesota supplemental aid, and food support under Minnesota Statutes, chapter 256D; new text end

new text begin (3) housing support under Minnesota Statutes, chapter 256I; new text end

new text begin (4) the Minnesota family investment program and diversionary work program under Minnesota Statutes, chapter 256J; and new text end

new text begin (5) economic assistance programs under Minnesota Statutes, chapter 256P. new text end

new text begin (b) The commissioner of human services must not consider a stipend under this section as income or assets when determining medical assistance eligibility under Minnesota Statutes, section 256B.055, subdivisions 7, 7a, and 12; or section 256B.057, subdivisions 3, 3a, 3b, and 4. The commissioner of human services must not include the stipend received under this section when calculating an individual's premiums under Minnesota Statutes, section 256B.057, subdivision 9. new text end

new text begin Subd. 5. new text end

new text begin Professional Educator Licensing and Standards Board. new text end

new text begin (a) The Professional Educator Licensing and Standards Board must develop and administer a survey to students who receive stipends through the pilot program, and interview a representative sample of student teachers who receive stipends. The surveys and interviews must seek information related to the impact of the stipend on the student teacher, whether the student teacher received any other stipends or compensation for student teaching, and other information relevant to development of a statewide paid student teaching program. new text end

new text begin (b) The board must submit reports to the chairs and minority leaders of the legislative committees with jurisdiction over kindergarten through grade 12 education and higher education by February 1, 2025, and July 1, 2025, in accordance with Minnesota Statutes, section 3.195. Each report must identify the number of student teachers receiving stipends by teacher preparation program provider and the districts or charter schools where the student teachers were placed, and the amount each student teacher received under this section. The second report must also summarize the results of the surveys and interviews, and make recommendations for implementing a statewide paid student teacher program. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, except for subdivision 4, paragraph (b), which is effective July 1, 2024, or upon federal approval, whichever is later. new text end

Sec. 21.

new text begin PARAPROFESSIONAL QUALIFICATIONS EXAMINED. new text end

new text begin (a) The Department of Education and the Professional Educator Licensing and Standards Board must collaboratively examine Minnesota's standards for paraprofessionals in consultation with at least the following: new text end

new text begin (1) one representative each from at least two organizations representing paraprofessionals; new text end

new text begin (2) one person representing the Minnesota Association of School Administrators; and new text end

new text begin (3) one person representing the Minnesota Administrators for Special Education. new text end

new text begin (b) By July 1, 2024, the agencies must announce their work plan to revise the paraprofessional qualifications under Minnesota Statutes, section 120B.363, and the qualifications used to determine eligibility for state special education aid calculations. new text end

new text begin (c) The Professional Educator Licensing and Standards Board may revise Minnesota Rules, part 8710.9000. A paraprofessional may demonstrate competencies established in Minnesota Rules, part 8710.9000, subpart 4, as one way to meet the federal personnel qualifications required in Code of Federal Regulations, title 34, section 300.156. new text end

new text begin (d) A paraprofessional meets the federal personnel qualifications required in Code of Federal Regulations, title 34, section 300.156, if the paraprofessional: new text end

new text begin (1) has at least two years of college credits through an accredited institution of higher education, or an associate's degree or higher; new text end

new text begin (2) has received a passing score on a formal assessment approved by the Department of Education; or new text end

new text begin (3) meets the local assessment criteria established by the Department of Education. new text end

new text begin (e) The Department of Education must revise the minimum passing score for the approved formal assessments. new text end

new text begin (f) For the 2024-2025 school year only, a paraprofessional may be paid in whole or in part by funding under paragraph (g) if the paraprofessional: new text end

new text begin (1) demonstrates the competencies established in Minnesota Rules, part 8710.9000, subpart 4, item D (competency 4: instructional content and practice) and item I (competency 9: academic instructional skills); or new text end

new text begin (2) is enrolled in a ParaPro or Paraeducator training and testing program. new text end

new text begin (g) For the 2024-2025 school year only, a school district or charter school may use state special education aid to continue to pay for staff in special education paraprofessional positions that meet qualifications under paragraph (f) only if those positions were filled by the district or charter school and paid with state special education aid in the 2023-2024 school year. new text end

new text begin (h) For the 2024-2025 school year only, upon request from a paraprofessional employed by a school district, charter school, or cooperative unit providing direct instructional services, the school must provide administrative assistance to the paraprofessional when completing the competencies required under paragraph (d), clause (3), or paragraph (f). 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. 22.

new text begin TEACHER AND PARAPROFESSIONAL COMPENSATION WORKING GROUP. new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) The Teacher and Paraprofessional Compensation Working Group is established and consists of the following 22 members: new text end

new text begin (1) one prekindergarten teacher; new text end

new text begin (2) one elementary school teacher; new text end

new text begin (3) one middle school teacher; new text end

new text begin (4) one high school teacher; new text end

new text begin (5) one physical education teacher; new text end

new text begin (6) one vocal music or instrumental music teacher; new text end

new text begin (7) one visual arts teacher; new text end

new text begin (8) one library media specialist; new text end

new text begin (9) one community education teacher; new text end

new text begin (10) one teacher teaching in an alternative setting; new text end

new text begin (11) one member working in a school setting with children from birth to age three; new text end

new text begin (12) one special education teacher; new text end

new text begin (13) four paraprofessionals working with elementary, middle, or high school students; new text end

new text begin (14) two superintendents; new text end

new text begin (15) one community education director; new text end

new text begin (16) two school finance directors; and new text end

new text begin (17) one member with expertise in school board governance. new text end

new text begin (b) The members under paragraph (a), clauses (1) to (13), must be appointed by the Professional Educator Licensing and Standards Board. The members under paragraph (a), clauses (14) to (16), must be appointed by the Minnesota Board of School Administrators. The members under paragraph (a), clause (17), must be appointed by the Minnesota School Boards Association. To the extent practicable, each appointing authority must appoint members representing schools in regions across the state. All appointments must be made no later than September 1, 2024. new text end

new text begin Subd. 2. new text end

new text begin Duties; report. new text end

new text begin (a) The working group is established to advise the legislature on strategies and recommendations to provide competitive compensation to teachers and paraprofessionals in Minnesota elementary, middle, and secondary schools. new text end

new text begin (b) The working group must report its proposed strategies, recommendations, and draft legislation to the legislative committees with jurisdiction over prekindergarten through grade 12 education finance and policy by February 14, 2025. The report must be filed according to Minnesota Statutes, section 3.195. new text end

new text begin (c) At a minimum, the report must: new text end

new text begin (1) analyze data on the professional pay gap for Minnesota teachers; new text end

new text begin (2) provide historical analysis on pay trends for Minnesota teachers; new text end

new text begin (3) examine historical trends in total compensation for Minnesota teachers, including wages and salary, health insurance and other benefits, and pension benefits; new text end

new text begin (4) examine historical trends in the tuition and opportunity costs of teacher preparation and student debt burdens; and new text end

new text begin (5) collect and analyze data on the workloads and compensation of Minnesota education support professionals. new text end

new text begin Subd. 3. new text end

new text begin Meetings; compensation. new text end

new text begin (a) The working group must convene its initial meeting no later than September 15, 2024, and must meet regularly thereafter. new text end

new text begin (b) Members of the working group are eligible for per diem compensation as provided under Minnesota Statutes, section 15.059, subdivision 3. new text end

new text begin Subd. 4. new text end

new text begin Administrative provisions. new text end

new text begin (a) The executive director of the Professional Educator Licensing and Standards Board or the executive director's designee must convene the initial meeting of the working group. Upon request of the working group, the executive director must provide meeting space and administrative services for the group. The members of the working group must elect a chair or cochairs from the members of the working group at the initial meeting. new text end

new text begin (b) Upon request of the working group, the Professional Educator Licensing and Standards Board must provide information necessary for the working group to make its recommendations, including but not limited to information on teacher and paraprofessional qualifications, licensure, employment, assignment, and compensation. new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The working group expires February 14, 2025, or upon submission of the report required under subdivision 2, whichever is earlier. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

new text begin APPROPRIATION; DEPARTMENT OF EDUCATION. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is appropriated from the general fund to the Department of Education in the fiscal year designated. new text end

new text begin Subd. 2. new text end

new text begin Special education apprenticeship programs. new text end

new text begin (a) For grants to intermediate school districts for special education registered apprenticeship programs: new text end

new text begin $ new text end new text begin 1,030,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) The department must award grants of $250,000 each to Intermediate School Districts Nos. 287, 288, 916, and 917. The grant funds must be used for special education registered apprenticeship programs. Grant funds may be used for: new text end

new text begin (1) program oversight and administrative costs of the intermediate school district and its partner higher education institution; new text end

new text begin (2) stipends and tuition, fees, and other direct program costs incurred by apprentices; new text end

new text begin (3) stipends for teachers serving as mentors; and new text end

new text begin (4) the cost of substitute teachers. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to $30,000 of the appropriation is available for grant administration. new text end

new text begin (d) This is a onetime appropriation and is available until June 30, 2027. new text end

Sec. 24.

new text begin APPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD. new text end

new text begin Subdivision 1. new text end

new text begin Professional Educator Licensing and Standards Board. new text end

new text begin The sums indicated in this section are appropriated from the general fund to the Professional Educator Licensing and Standards Board in the fiscal years designated. new text end

new text begin Subd. 2. new text end

new text begin Paid student teaching pilot program. new text end

new text begin (a) For the paid student teaching pilot program: new text end

new text begin $ new text end new text begin 6,543,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) Of the amount in paragraph (a), $4,868,000 is for transfer to the Board of Trustees of the Minnesota State Colleges and Universities. The Board of Trustees must allocate the funding among the following teacher preparation program providers in the amounts indicated: new text end

new text begin (1) $929,000 for St. Cloud State University; new text end

new text begin (2) $744,000 for Bemidji State University; new text end

new text begin (3) $1,618,000 for Minnesota State University, Mankato; new text end

new text begin (4) $1,570,000 for Winona State University; and new text end

new text begin (5) $7,000 for Fond du Lac Tribal and Community College. new text end

new text begin (c) Of the amount in paragraph (a), $1,218,000 is for transfer to the Board of Regents of the University of Minnesota to allocate to the following teacher preparation program providers in the amounts indicated: new text end

new text begin (1) $1,115,000 for the University of Minnesota-Duluth; and new text end

new text begin (2) $103,000 for the University of Minnesota-Crookston. new text end

new text begin (d) Of the amount in paragraph (a), $317,000 is for Augsburg University. new text end

new text begin (e) The Professional Educator Licensing and Standards Board may retain up to $140,000 to administer the pilot program, including administering surveys and completing required reports. new text end

new text begin (f) This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin Subd. 3. new text end

new text begin Teacher and paraprofessional compensation working group. new text end

new text begin (a) For administration and per diem compensation for members of the teacher and paraprofessional compensation working group: new text end

new text begin $ new text end new text begin 150,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation. new text end

new text begin Subd. 4. new text end

new text begin Aspiring teachers of color scholarship program. new text end

new text begin (a) For transfer to the commissioner of the Office of Higher Education for the aspiring teachers of color scholarship program under Laws 2021, First Special Session, chapter 2, article 2, section 45: new text end

new text begin $ new text end new text begin 1,000,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) The commissioner of the Office of Higher Education may use no more than four percent of the appropriation for program administration. new text end

new text begin (c) This is a onetime appropriation. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

ARTICLE 6

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2023 Supplement, 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 organization if the leased space is constructed as a school facility. In all cases, the eligible lessor must also be the building owner. The commissioner must review and approve or disapprove deleted text begin leasesdeleted text end new text begin lease aid applications new text end in a timely manner to determine eligibility for lease aid under section 124E.22.

Sec. 2.

Minnesota Statutes 2022, section 124E.22, is amended to read:

124E.22 BUILDING LEASE AID.

(a) When a charter school finds it economically advantageous to rent or lease a building or land for any instructional purpose and it determines that the total operating capital revenue under section 126C.10, subdivision 13, is insufficient for this purpose, it may apply to the commissioner for building lease aidnew text begin in the form and manner prescribed by the commissionernew text end . The commissioner must review and either approve or deny a lease aid application using new text begin at least new text end the following criteria:

(1) the reasonableness of the price based on current market values;

(2) the extent to which the lease conforms to applicable state laws and rules; and

(3) the appropriateness of the proposed lease in the context of the space needs and financial circumstances of the charter school. The commissioner must approve aid only for a facility lease that has (i) a sum certain annual cost and (ii) a closure clause to relieve the charter school of its lease obligations at the time the charter contract is terminated or not renewed. The closure clause under item (ii) must not be constructed or construed to relieve the charter school of its lease obligations in effect before the charter contract is terminated or not renewed.

(b) A charter school must not use the building lease aid it receives for custodial, maintenance service, utility, or other operating costs.

(c) The amount of annual building lease aid for a charter school shall not exceed the lesser of (1) 90 percent of the approved cost or (2) the product of the charter school building lease aid pupil units served for the current school year times $1,314.

(d) A charter school's building lease aid pupil units equals the sum of the charter school pupil units under section 126C.05 and the pupil units for the portion of the day that the charter school's enrolled students are participating in the Postsecondary Enrollment Options Act under section 124D.09 and not otherwise included in the pupil count under section 126C.05.

Sec. 3.

Laws 2023, chapter 55, article 2, section 64, subdivision 6, as amended by Laws 2024, chapter 81, section 9, is amended to read:

Subd. 6.

Charter school building lease aid.

(a) For building lease aid under Minnesota Statutes, section 124E.22:

$ 91,457,000 ..... 2024
$ deleted text begin 94,578,000 deleted text end
new text begin 94,906,000 new text end
..... 2025

(b) The 2024 appropriation includes $9,047,000 for 2023 and $82,410,000 for 2024.

(c) The 2025 appropriation includes $9,156,000 for 2024 and deleted text begin $85,422,000deleted text end new text begin $85,750,000new text end for 2025.

ARTICLE 7

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2022, section 124D.19, subdivision 8, is amended to read:

Subd. 8.

Program approval.

deleted text begin To be eligible for revenue for the program for adults with disabilities, a program and budget must receive approval from the community education section in the department. Approval may be for five years. During that time, a board must report any significant changes to the department for approval. For programs offered cooperatively, the request for approval must include an agreement on the method by which local money is to be derived and distributed. A request for approval deleted text end new text begin (a) Beginning July 1, 2024, and at least once every five years thereafter, a district's community education advisory council must review and approve the district's adults with disabilities program and submit a statement of assurances to the commissioner in the form and manner determined by the commissioner. The program must seek feedback from adults with disabilities and other community organizations providing services to adults with disabilities. new text end

new text begin (b) Each school district with an adults with disabilities programnew text end must include deleted text begin all ofdeleted text end new text begin at leastnew text end the followingnew text begin information about its adults with disabilities program in its annual community education report under subdivision 14new text end :

(1) new text begin a summary of the new text end characteristics of the people deleted text begin to bedeleted text end servednew text begin by the programnew text end ;

(2) new text begin a new text end description of the program services and activities;

(3) new text begin the most recent new text end program budget deleted text begin and amount of aid requesteddeleted text end ;

(4) new text begin a summary of the new text end participation by adults with disabilities in developing the program;

(5) new text begin an new text end assessment of the needs of adults with disabilities; and

(6) new text begin a description of new text end cooperative efforts with community organizations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, for plans developed on or after that date. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 26, is amended to read:

Subd. 26.

Special education services.

(a) Medical assistance covers evaluations necessary in making a determination for eligibility for individualized education program and individualized family service plan services and for medical services identified in a recipient's individualized education program and individualized family service plan and covered under the medical assistance state plan. Covered services include occupational therapy, physical therapy, speech-language therapy, clinical psychological services, nursing services, school psychological services, school social work services, personal care assistants serving as management aides, assistive technology devices, transportation services, health assessments, and other services covered under the medical assistance state plan. Mental health services eligible for medical assistance reimbursement must be provided or coordinated through a children's mental health collaborative where a collaborative exists if the child is included in the collaborative operational target population. The provision or coordination of services does not require that the individualized education program be developed by the collaborative.

The services may be provided by a Minnesota school district that is enrolled as a medical assistance provider or its subcontractor, and only if the services meet all the requirements otherwise applicable if the service had been provided by a provider other than a school district, in the following areas: medical necessity; physician's, advanced practice registered nurse's, or physician assistant's orders; documentation; personnel qualifications; and prior authorization requirements. The nonfederal share of costs for services provided under this subdivision is the responsibility of the local school district as provided in section 125A.74. Services listed in a child's individualized education program are eligible for medical assistance reimbursement only if those services meet criteria for federal financial participation under the Medicaid program.

(b) Approval of health-related services for inclusion in the individualized education program does not require prior authorization for purposes of reimbursement under this chapter. The commissioner may require physician, advanced practice registered nurse, or physician assistant review and approval of the plan not more than once annually or upon any modification of the individualized education program that reflects a change in health-related services.

(c) Services of a speech-language pathologist provided under this section are covered notwithstanding Minnesota Rules, part 9505.0390, subpart 1, item L, if the person:

(1) holds a masters degree in speech-language pathology;

(2) is licensed by the Professional Educator Licensing and Standards Board as an educational speech-language pathologist; and

(3) either has a certificate of clinical competence from the American Speech and Hearing Association, has completed the equivalent educational requirements and work experience necessary for the certificate or has completed the academic program and is acquiring supervised work experience to qualify for the certificate.

(d) Medical assistance coverage for medically necessary services provided under other subdivisions in this section may not be denied solely on the basis that the same or similar services are covered under this subdivision.

(e) The commissioner shall develop and implement package rates, bundled rates, or per diem rates for special education services under which separately covered services are grouped together and billed as a unit in order to reduce administrative complexity.

(f) The commissioner shall develop a cost-based payment structure for payment of these services. Only costs reported through the designated Minnesota Department of Education data systems in distinct service categories qualify for inclusion in the cost-based payment structure. The commissioner shall reimburse claims submitted based on an interim rate, and shall settle at a final rate once the department has determined it. The commissioner shall notify the school district of the final rate. The school district has 60 days to appeal the final rate. To appeal the final rate, the school district shall file a written appeal request to the commissioner within 60 days of the date the final rate determination was mailed. The appeal request shall specify (1) the disputed items and (2) the name and address of the person to contact regarding the appeal.

(g) Effective July 1, 2000, medical assistance services provided under an individualized education program or an individual family service plan by local school districts shall not count against medical assistance authorization thresholds for that child.

(h) Nursing services as defined in section 148.171, subdivision 15, and provided as an individualized education program health-related service, are eligible for medical assistance payment if they are otherwise a covered service under the medical assistance program. Medical assistance covers the administration of prescription medications by a licensed nurse who is employed by or under contract with a school district when the administration of medications is identified in the child's individualized education program. The simple administration of medications alone is not covered under medical assistance when administered by a provider other than a school district or when it is not identified in the child's individualized education program.

(i) deleted text begin School social workdeleted text end Servicesnew text begin provided by a school social worker as described in paragraph (l) must benew text end provided by a mental health professional as defined in section 245I.04, subdivision 2; a clinical trainee as defined in section 245I.04, subdivision 6, under the supervision of a mental health professional; or a mental health practitioner as defined in section 245I.04, subdivision 4, under the supervision of a mental health professional, deleted text begin aredeleted text end new text begin to benew text end eligible for medical assistance deleted text begin payment. A mental health practitioner performing school social work services under this section must provide services within the mental health practitioner's licensure scope of practice, if applicable, and within the mental health practitioner scope of practice under section 245I.04, subdivision 5deleted text end new text begin reimbursementnew text end .new text begin Services described in paragraph (l) must be provided within the provider's scope of practice as defined in section 245I.04, subdivisions 3, 5, and 7.new text end

(j) Notwithstanding section 245I.10, subdivision 2, a special education evaluationdeleted text begin ,deleted text end new text begin and assessment for and within an individual family service plan ornew text end individualized education programdeleted text begin , or individual family service plandeleted text end may be used to determine medical necessity deleted text begin and eligibility for school social work services under paragraph (i) instead of a diagnostic assessmentdeleted text end new text begin for services described under paragraph (l)new text end .new text begin The special education evaluation and assessments for and within the individualized education program, or individual family service plan, that meet the requirements in section 245I.10, subdivisions 4, and 5 or 6, and that is completed by a licensed mental health professional or clinical trainee supervised by a licensed mental health professional can be used for determining medical necessity. In addition, for services that do not require a diagnosis using an assessment as defined in section 245I.10, subdivisions 4, and 5 or 6, the special education evaluation and assessments for and within the individualized education program, or individual family service plan, that provide an International Classification of Diseases diagnostic code and are completed by a licensed mental health professional or clinical trainee supervised by a licensed mental health professional can be used for determining medical necessity.new text end

(k) A school social worker or school providing deleted text begin mental healthdeleted text end services under paragraph deleted text begin (i)deleted text end new text begin (l)new text end is not required to be certified to provide children's therapeutic services and supports under section 256B.0943.

(l) Covered deleted text begin mental healthdeleted text end services provided by a school social worker under new text begin this new text end paragraph deleted text begin (i) include but are not limited todeleted text end new text begin arenew text end :

deleted text begin (1) administering and reporting standardized measures; deleted text end

deleted text begin (2) care coordination; deleted text end

deleted text begin (3) children's mental health crisis assistance, planning, and response services; deleted text end

new text begin (1) the explanation of findings as described in section 256B.0671, subdivision 4; new text end

new text begin (2) psychotherapy for crisis as described in section 256B.0671, subdivision 11a; new text end

deleted text begin (4)deleted text end new text begin (3)new text end children's mental health clinical care consultationnew text begin , as described in section 256B.0671, subdivision 7new text end ;

deleted text begin (5)deleted text end new text begin (4)new text end dialectical behavioral therapy for adolescentsnew text begin , as described in section 256B.0671, subdivision 6new text end ;

deleted text begin (6) direction of mental health behavioral aides; deleted text end

deleted text begin (7)deleted text end new text begin (5)new text end family psychoeducationnew text begin , as described in section 256B.0671, subdivision 5, which includes skill development, peer group sessions, and individual sessions. Notwithstanding section 256B.0671, subdivision 5, family psychoeducation services under this section may be delivered by a mental health practitioner as defined under section 245I.04, subdivision 4new text end ;new text begin andnew text end

deleted text begin (8)deleted text end new text begin (6)new text end individual, family, and group psychotherapydeleted text begin ;deleted text end new text begin , as described in section 256B.0671, subdivision 11.new text end

deleted text begin (9) mental health behavioral aide services; deleted text end

deleted text begin (10) skills training; and deleted text end

deleted text begin (11) treatment plan development and review. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, or upon federal approval, whichever is later. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 256B.0671, is amended by adding a subdivision to read:

new text begin Subd. 11a. new text end

new text begin Psychotherapy for crisis. new text end

new text begin (a) Medical assistance covers psychotherapy for crisis when a recipient is in need of an immediate response due to an increase of mental illness symptoms that put the recipient at risk of one of the following: new text end

new text begin (1) experiencing a life threatening mental health crisis; new text end

new text begin (2) needing a higher level of care; new text end

new text begin (3) worsening symptoms without mental health intervention; new text end

new text begin (4) harm to self, others, or property damage; or new text end

new text begin (5) significant disruption of functioning in at least one life area. new text end

new text begin (b) "Psychotherapy for crisis" means treatment of a client to reduce the client's mental health crisis through immediate assessment and psychotherapeutic interventions. Psychotherapy for crisis must include: new text end

new text begin (1) emergency assessment of the crisis situation; new text end

new text begin (2) mental status exam; new text end

new text begin (3) psychotherapeutic interventions to reduce the crisis; and new text end

new text begin (4) development of a post-crisis plan that addresses the recipient's coping skills and community resources. 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. 4.

Laws 2023, chapter 55, article 7, section 18, subdivision 4, as amended by Laws 2024, chapter 81, section 18, is amended to read:

Subd. 4.

Special education; regular.

(a) For special education aid under Minnesota Statutes, section 125A.75:

$ 2,288,826,000 ..... 2024
$ deleted text begin 2,485,140,000 deleted text end new text begin 2,486,181,000 new text end ..... 2025

(b) The 2024 appropriation includes $229,860,000 for 2023 and $2,058,966,000 for 2024.

(c) The 2025 appropriation includes $289,842,000 for 2024 and deleted text begin $2,195,298,000deleted text end new text begin $2,196,339,000new text end for 2025.

ARTICLE 8

SCHOOL FACILITIES

Section 1.

Minnesota Statutes 2022, section 123B.71, subdivision 8, is amended to read:

Subd. 8.

Review and comment.

A school district, a special education cooperative, or a cooperative unit of government, as defined in section 123A.24, subdivision 2, must not deleted text begin initiatedeleted text end new text begin enter intonew text end an installment contract for purchase or a lease agreement, hold a referendum for bonds, nor solicit bids for new construction, expansion, or remodeling of an educational facility that requires an expenditure in excess of $500,000 per school site if it has a capital loan outstanding, or $2,000,000 per school site if it does not have a capital loan outstanding, prior to review and comment by the commissioner. deleted text begin A facility addition, maintenance project, or remodeling projectdeleted text end new text begin New construction, expansion, or remodeling of an educational facilitynew text end funded only with general education revenue, lease levy proceedsnew text begin from an additional capital expenditure levy under section 126C.40, subdivision 1new text end , capital facilities bond proceeds, or long-term facilities maintenance revenue is exempt from this provision. A capital project under section 123B.63 addressing only technology is exempt from this provision if the district submits a school board resolution stating that funds approved by the voters will be used only as authorized in section 126C.10, subdivision 14. A school board shall not separate portions of a single project into components to avoid the requirements of this subdivision.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 123B.71, subdivision 12, is amended to read:

Subd. 12.

Publication.

(a) At least 48 days but not more than deleted text begin 60deleted text end new text begin 70new text end days before a referendum for bondsnew text begin under chapter 475new text end or solicitation of bids for a project that has received a positive or unfavorable review and comment under section 123B.70, the school board shall publish a summary of the commissioner's review and comment of that project in the legal newspaper of the district. The school board must hold a public meeting to discuss the commissioner's review and comment before deleted text begin thedeleted text end new text begin such anew text end referendum for bonds. Supplementary information shall be available to the public.new text begin Where no such referendum for bonds is required, the publication and public meeting requirements of this subdivision shall not apply.new text end

(b) The publication requirement in paragraph (a) does not apply to alternative facilities projects approved under section 123B.595.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 126C.40, subdivision 6, is amended to read:

Subd. 6.

Lease purchase; installment buys.

(a) Upon application to, and approval by, the commissioner in accordance with the procedures and limits in subdivision 1, paragraphs (a) and (b), a district, as defined in this subdivision, may:

(1) purchase real or personal property under an installment contract or may lease real or personal property with an option to purchase under a lease purchase agreement, by which installment contract or lease purchase agreement title is kept by the seller or vendor or assigned to a third party as security for the purchase price, including interest, if any; and

(2) annually levy the amounts necessary to pay the district's obligations under the installment contract or lease purchase agreement.

(b) The obligation created by the installment contract or the lease purchase agreement must not be included in the calculation of net debt for purposes of section 475.53, and does not constitute debt under other law. An election is not required in connection with the execution of the installment contract or the lease purchase agreement.

(c) The proceeds of the levy authorized by this subdivision must not be used to acquire a facility to be primarily used for athletic or school administration purposes.

(d) For the purposes of this subdivision, "district" means:

(1) Special School District No. 1, Minneapolis, Independent School District No. 625, St. Paul, Independent School District No. 709, Duluth, or Independent School District No. 535, Rochester, if the district's desegregation plan has been determined by the commissioner to be in compliance with Department of Education rules relating to equality of educational opportunity and where the acquisition of property under this subdivision is determined by the commissioner to contribute to the implementation of the desegregation plan; or

(2) other districts eligible for revenue under section 124D.862 if the facility acquired under this subdivision is to be primarily used for a joint program for interdistrict desegregation and the commissioner determines that the joint programs are being undertaken to implement the districts' desegregation plan.

(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease or rent a district-owned building to itself does not apply to levies otherwise authorized by this subdivision.

(f) For the purposes of this subdivision, any references in subdivision 1 to building or land shall include personal property.

(g) Projects funded under this subdivisionnew text begin that require an expenditure in excess of $500,000 per school site if the school district has a capital loan outstanding, or $2,000,000 per school site if the school district does not have a capital loan outstanding,new text end are subject to review and comment under section 123B.71, subdivision 8, in the same manner as other school construction projects.new text begin Provided no referendum for bonds is required, the school board must discuss the commissioner's determination of a review and comment and the district's approved achievement and integration plan findings at a regular or special school board meeting within 45 days of the commissioner's determination. A school board's failure to comply with the discussion requirement in this paragraph shall not otherwise affect the legality, validity, or binding nature of any school district action or obligation not subject to referendum.new text end

Sec. 4.

Laws 2023, chapter 55, article 8, section 19, subdivision 5, is amended to read:

Subd. 5.

Grants for gender-neutral single-user restrooms.

(a) For grants to school districts for remodeling, constructing, or repurposing space for gender-neutral single-user restrooms:

$ 1,000,000 ..... 2024
$ 1,000,000 ..... 2025

(b) A school district or a cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2, may apply for a grant of not more than $75,000 per site under this subdivision in the form and manner specified by the commissioner. The commissioner must award at least one grant under this subdivision to Independent School District No. 709, Duluth, for a demonstration grant for a project awaiting construction.

(c) The commissioner must ensure that grants are awarded to schools to reflect the geographic diversity of the state.

(d) Up to $75,000 each year is available for grant administration and monitoring.

(e) By February 1 of each year, the commissioner must annually report to the committees of the legislature with jurisdiction over education on the number of grants that were awarded each year and the number of grant applications that were unfunded during that year.

new text begin (f) Any balance in the first year does not cancel but is available in the second year. 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.

Laws 2023, chapter 55, article 8, section 19, subdivision 6, as amended by Laws 2024, chapter 81, section 22, is amended to read:

Subd. 6.

Long-term facilities maintenance equalized aid.

(a) For long-term facilities maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:

$ 107,905,000 ..... 2024
$ deleted text begin 107,630,000 deleted text end new text begin 107,865,000 new text end ..... 2025

(b) The 2024 appropriation includes $10,821,000 for 2023 and $97,084,000 for 2024.

(c) The 2025 appropriation includes $10,787,000 for 2024 and deleted text begin $96,843,000deleted text end new text begin $97,078,000new text end for 2025.

ARTICLE 9

SCHOOL NUTRITION AND LIBRARIES

Section 1.

Minnesota Statutes 2023 Supplement, section 124D.111, subdivision 3, is amended to read:

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, new text begin lunchroom furniture, new text end 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, new text begin lunchroom furniture, new text end 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.

new text begin (i) For purposes of this subdivision, "lunchroom furniture" means tables and chairs regularly used by pupils in a lunchroom from which they may consume milk, meals, or snacks in connection with school or community service activities. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2024 and later. new text end

Sec. 2.

new text begin [127A.151] STATE SCHOOL LIBRARIAN. new text end

new text begin (a) The Department of Education must employ a state school librarian within the State Library Services Division of the department to provide technical assistance to licensed school library media specialists and licensed school librarians. The state school librarian must be or have been a licensed school library media specialist. new text end

new text begin (b) The responsibilities of the state school librarian include but are not limited to providing advice and guidance in academic standards development and statewide library data collection from district and charter schools, and related activities. The state school librarian may provide advice and guidance to the Department of Education staff responsible for administering state library aid and monitoring district compliance. The state school librarian must support district and charter schools on issues of intellectual freedom, media and digital literacy, and growing lifelong readers. The state school librarian must share information about available grant funds and resources, work with the Professional Educator Licensing and Standards Board to support licensure acquisition, and support professional development for licensed school library media specialists and licensed school librarians. new text end

Sec. 3.

Minnesota Statutes 2022, section 127A.45, subdivision 12, is amended to read:

Subd. 12.

Payment percentage for certain aids.

One hundred percent of the aid for the current fiscal year must be paid for the following aids: reimbursement for enrollment options transportationdeleted text begin ,deleted text end according to sections 124D.03, subdivision 8, and 124D.09, subdivision 22, and chapter 124Edeleted text begin ; school lunch aid, according to section 124D.111;deleted text end new text begin ,new text end and support services aid, for persons who are deaf, deafblind, and hard-of-hearing according to section 124D.57.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 4.

Minnesota Statutes 2022, section 127A.45, subdivision 13, is amended to read:

Subd. 13.

Aid payment percentage.

Except as provided in subdivisions 11, 12, 12a, deleted text begin anddeleted text end 14, new text begin and 14a, new text end each fiscal year, all education aids and credits in this chapter and chapters 120A, 120B, 121A, 122A, 123A, 123B, 124D, 124E, 125A, 125B, 126C, 134, and section 273.1392, shall be paid at the current year aid payment percentage of the estimated entitlement during the fiscal year of the entitlement. For the purposes of this subdivision, a district's estimated entitlement for special education aid under section 125A.76 for fiscal year 2014 and later equals 97.4 percent of the district's entitlement for the current fiscal year. The final adjustment payment, according to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual data, minus the payments made during the fiscal year of the entitlement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 5.

Minnesota Statutes 2022, section 127A.45, subdivision 14a, is amended to read:

Subd. 14a.

State nutrition programs.

Notwithstanding deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 3new text begin and 13new text end , the state shall pay 100 percent of the aid for the current year according to sections 124D.111, 124D.1158, and 124D.118 based on submitted monthly vouchers showing meals and milk served.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 134.356, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin State school librarian. new text end

new text begin In fiscal year 2026 and each fiscal year thereafter, the Department of Education may retain up to $130,000 of the amount appropriated for school library aid under this section for the costs of the state school librarian under section 127A.151. The aid for each school district and charter school under subdivision 1 must be reduced proportionately. The reduction in aid under this subdivision must be applied to the current year aid payment. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 134.356, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By January 15, 2025, and annually thereafter, the commissioner of education must report to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education on how school districts and charter schools used aid under this section in the previous fiscal year. In preparing the report, the commissioner may use information available from the uniform financial accounting and reporting system. The report must be filed in accordance with section 3.195. new text end

Sec. 8.

Laws 2023, chapter 18, section 4, subdivision 2, as amended by Laws 2023, chapter 55, article 9, section 16, and Laws 2024, chapter 81, section 23, is amended to read:

Subd. 2.

School lunch.

For school lunch aid under Minnesota Statutes, section 124D.111, including the amounts for the free school meals program:

$ 218,801,000 ..... 2024
$ deleted text begin 238,987,000deleted text end new text begin 239,686,000new text end ..... 2025

Sec. 9.

Laws 2023, chapter 18, section 4, subdivision 3, as amended by Laws 2023, chapter 55, article 9, section 17, and Laws 2024, chapter 81, section 24, is amended to read:

Subd. 3.

School breakfast.

For school breakfast aid under Minnesota Statutes, section 124D.1158:

$ 44,178,000 ..... 2024
$ deleted text begin 48,334,000deleted text end new text begin 48,747,000new text end ..... 2025

Sec. 10.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 134.356, as Minnesota Statutes, section 124D.992, and make any necessary changes to statutory cross-references to reflect these changes. new text end

ARTICLE 10

STATE AGENCIES

Section 1.

Minnesota Statutes 2022, section 13.321, is amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Office of the Inspector General; access to data. new text end

new text begin Data involving the Department of Education's Office of the Inspector General are governed by section 127A.21. 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. 2.

Minnesota Statutes 2023 Supplement, section 127A.21, is amended to read:

127A.21 OFFICE OF THE INSPECTOR GENERAL.

Subdivision 1.

Establishment of Office of the Inspector General; powers; duties.

The commissioner must establish within the department an Office of the Inspector General.new text begin The inspector general shall report directly to the commissioner.new text end The Office of the Inspector General is charged with protecting the integrity of the department and the state by detecting and preventing fraud, waste, and abuse in department programs. The Office of the Inspector General must conduct independent and objective investigations to promote the integrity of the department's programs and operations. When fraud or other misuse of public funds is detected, the Office of the Inspector General must report it to the appropriate law enforcement entity and collaborate and cooperate with law enforcement to assist in the investigation and any subsequent civil and criminal prosecution.

new text begin Subd. 1a. 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. new text end

new text begin (b) "Abuse" means actions that may, directly or indirectly, result in unnecessary costs to department programs. Abuse may involve paying for items or services when there is no legal entitlement to that payment. new text end

new text begin (c) "Department program" means a program funded by the Department of Education that involves the transfer or disbursement of public funds or other resources to a program participant. "Department program" includes state and federal aids or grants received by a school district or charter school or other program participant. new text end

new text begin (d) "Fraud" means an intentional or deliberate act to deprive another of property or money or to acquire property or money by deception or other unfair means. Fraud includes intentionally submitting false information to the department for the purpose of obtaining a greater compensation or benefit than that to which the person is legally entitled. Fraud also includes failure to correct errors in the maintenance of records in a timely manner after a request by the department. new text end

new text begin (e) "Investigation" means an audit, investigation, proceeding, or inquiry by the Office of the Inspector General related to a program participant in a department program. new text end

new text begin (f) "Program participant" means any entity or person, including associated persons, that receives, disburses, or has custody of funds or other resources transferred or disbursed under a department program. new text end

new text begin (g) "Waste" means practices that, directly or indirectly, result in unnecessary costs to department programs, such as misusing resources. new text end

new text begin (h) For purposes of this section, neither "fraud," "waste," nor "abuse" includes decisions on instruction, curriculum, personnel, or other discretionary policy decisions made by a school district, charter school, cooperative unit as defined by section 123A.24, subdivision 2, or any library, library system, or library district defined in section 134.001. new text end

Subd. 2.

deleted text begin Data practices;deleted text end Hiring; reportingnew text begin ; proceduresnew text end .

deleted text begin The Office of the Inspector General has access to all program data, regardless of classification under chapter deleted text end deleted text begin 13deleted text end deleted text begin , held by the department, school districts or charter schools, grantees, and any other recipient of funds from the department.deleted text end new text begin (a) new text end The commissioner, or the commissioner's designee, must hire an inspector general to lead the Office of the Inspector General. The inspector general must hire a deputy inspector general and, at the discretion of the inspector general, sufficient assistant inspectors general to carry out the duties of the office. new text begin The inspector general, deputy inspector general, and any assistant inspectors general serve in the classified service.new text end

new text begin (b) new text end In a form and manner determined by the inspector general, the Office of the Inspector General must develop a public platform for the public to report instances of potential fraud, waste, or abuse of public funds administered by the department.new text begin Nothing in this paragraph shall be construed to give a member of the public standing to sue based on allegations of fraud, waste, or abuse.new text end

new text begin (c) The inspector general shall establish procedures for conducting investigations. Procedures adopted under this subdivision are not subject to chapter 14, including section 14.386. new text end

new text begin Subd. 3. new text end

new text begin Subpoenas. new text end

new text begin (a) For the purpose of an investigation, the inspector general or a designee may administer oaths and affirmations, subpoena witnesses, compel attendance, take evidence, and issue subpoenas duces tecum to require the production of books, papers, correspondence, memoranda, agreements, financial records, or other documents or records relevant to the investigation. new text end

new text begin (b) A subpoena issued pursuant to this subdivision must state that the subpoena recipient may not disclose the fact that the subpoena was issued or the fact that the requested records have been given to the inspector general, or their staff, except: new text end

new text begin (1) in so far as the disclosure is necessary to find and disclose the records; new text end

new text begin (2) pursuant to court order; or new text end

new text begin (3) to legal counsel for the purposes of responding to the subpoena. new text end

new text begin (c) The fees for service of a subpoena must be paid in the same manner as prescribed by law for a service of process issued by a district court. new text end

new text begin (d) The subpoena issued under this subdivision shall be enforceable through the district court in the district where the subpoena is issued. new text end

new text begin Subd. 4. new text end

new text begin Access to records. new text end

new text begin (a) For purposes of an investigation, and regardless of the data's classification under chapter 13, the Office of the Inspector General shall have access to all relevant books, accounts, documents, data, and property related to department programs that are maintained by a program participant, charter school, or government entity as defined by section 13.02. new text end

new text begin (b) Notwithstanding paragraph (a), the Office of the Inspector General must issue a subpoena under subdivision 3 in order to access routing and account numbers to which Department of Education funds have been disbursed. new text end

new text begin (c) Records requested by the Office of the Inspector General under this subdivision shall be provided in a format, place, and time frame reasonably requested by the Office of the Inspector General. new text end

new text begin (d) The department may enter into specific agreements with other state agencies related to records requests by the Office of the Inspector General. new text end

new text begin Subd. 5. new text end

new text begin Sanctions; appeal. new text end

new text begin (a) This subdivision does not authorize any sanction that reduces, pauses, or otherwise interrupts state or federal aid to a school district, charter school, cooperative unit as defined by section 123A.24, subdivision 2, or any library, library system, or library district defined in section 134.001. new text end

new text begin (b) The inspector general may recommend that the commissioner impose appropriate temporary sanctions, including withholding of payments under the department program, on a program participant pending an investigation by the Office of the Inspector General if: new text end

new text begin (1) during the course of an investigation, the Office of the Inspector General finds credible indicia of fraud, waste, or abuse by the program participant; new text end

new text begin (2) there has been a criminal, civil, or administrative adjudication of fraud, waste, or abuse against the program participant in Minnesota or in another state or jurisdiction; new text end

new text begin (3) the program participant was receiving funds under any contract or registered in any program administered by another Minnesota state agency, a government agency in another state, or a federal agency, and was excluded from that contract or program for reasons credibly indicating fraud, waste, or abuse by the program participant; or new text end

new text begin (4) the program participant has a pattern of noncompliance with an investigation. new text end

new text begin (c) If an investigation finds, by a preponderance of the evidence, fraud, waste, or abuse by a program participant, the inspector general may, after reviewing all facts and evidence and when acting judiciously on a case-by-case basis, recommend that the commissioner impose appropriate sanctions on the program participant. new text end

new text begin (d) Unless prohibited by law, the commissioner has the authority to implement recommendations by the inspector general, including imposing appropriate sanctions, temporarily or otherwise, on a program participant. Sanctions may include ending program participation, stopping disbursement of funds or resources, monetary recovery, and termination of department contracts with the participant for any current or future department program or contract. A sanction may be imposed for up to the longest period permitted by state or federal law. Sanctions authorized under this subdivision are in addition to other remedies and penalties available under law. new text end

new text begin (e) If the commissioner imposes sanctions on a program participant under this subdivision, the commissioner must notify the participant in writing within seven business days of imposing the sanction, unless requested in writing by a law enforcement agency to temporarily delay issuing the notice to prevent disruption of an ongoing law enforcement agency investigation. A notice of sanction must state: new text end

new text begin (1) the sanction being imposed; new text end

new text begin (2) the general allegations that form the basis for the sanction; new text end

new text begin (3) the duration of the sanction; new text end

new text begin (4) the department programs to which the sanction applies; and new text end

new text begin (5) how the program participant may appeal the sanction pursuant to paragraph (e). new text end

new text begin (f) A program participant sanctioned under this subdivision may, within 30 days after the date the notice of sanction was mailed to the participant, appeal the determination by requesting in writing that the commissioner initiate a contested case proceeding under chapter 14. The scope of any contested case hearing is limited to the sanction imposed under this subdivision. An appeal request must specify with particularity each disputed item, the reason for the dispute, and must include the name and contact information of the person or entity that may be contacted regarding the appeal. new text end

new text begin (g) The commissioner shall lift sanctions imposed under this subdivision if the Office of the Inspector General determines there is insufficient evidence of fraud, waste, or abuse by the program participant. The commissioner must notify the participant in writing within seven business days of lifting the sanction. new text end

new text begin Subd. 6. new text end

new text begin Data practices. new text end

new text begin (a) It is not a violation of rights conferred by chapter 13 or any other statute related to the confidentiality of government data for a government entity as defined in section 13.02 to provide data or information under this section. new text end

new text begin (b) The inspector general is subject to the Government Data Practices Act, chapter 13, and shall protect from unlawful disclosure data classified as not public. Data collected, created, received, or maintained by the inspector general relating to an audit, investigation, proceeding, or inquiry are subject to section 13.39. new text end

new text begin Subd. 7. new text end

new text begin Retaliation, interference prohibited. new text end

new text begin (a) An employee or other individual who discloses information to the Office of the Inspector General about fraud, waste, or abuse in department programs is protected under section 181.932, governing disclosure of information by employees. new text end

new text begin (b) No state employee may interfere with or obstruct an investigation authorized by this section. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Laws 2023, chapter 55, article 12, section 17, subdivision 2, is amended to read:

Subd. 2.

Department.

(a) For the Department of Education:

$ 47,005,000 ..... 2024
$ deleted text begin 39,922,000 deleted text end new text begin 40,052,000 new text end ..... 2025

Of these amounts:

(1) $405,000 each year is for the Board of School Administrators;

(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes, section 120B.115;

(3) $720,000 each year is for implementing Minnesota's Learning for English Academic Proficiency and Success Act (LEAPS) under Laws 2014, chapter 272, article 1, as amended;

(4) $480,000 each year is for the Department of Education's mainframe update;

(5) $7,500,000 in fiscal year 2024 only is for legal fees and costs associated with litigation;

(6) $595,000 in fiscal year 2024 and $2,609,000 in fiscal year 2025 are for modernizing district data submissions. The base for fiscal year 2026 and later is $2,359,000;

(7) $573,000 each year is for engagement and rulemaking related to Specific Learning Disability;

(8) $150,000 each year is for an ethnic studies specialist in the academic standards division to provide support to the ethnic studies working group and to school districts seeking to establish or strengthen ethnic studies courses;

(9) $150,000 each year is for the comprehensive school mental health services lead under Minnesota Statutes, section 127A.215;

(10) $150,000 each year is for a school health services specialist under Minnesota Statutes, section 121A.20;

(11) $2,000,000 each year is for the Office of the Inspector General established under Minnesota Statutes, section 127A.21;

(12) $800,000 each year is for audit and internal control resources;

(13) $2,000,000 in fiscal year 2024 only is for information technology infrastructure and portfolio resources;

(14) $2,000,000 each year is for staffing the Equity, Diversity and Inclusion (EDI) Center at the Department of Education; deleted text begin anddeleted text end

(15) $275,000 in fiscal year 2024 and $175,000 in fiscal year 2025 are for administrative expenses for unemployment aidnew text begin ; andnew text end

new text begin (16) $130,000 in fiscal year 2025 only is for the state school librarian under Minnesota Statutes, section 127A.151new text end .

(b) None of the amounts appropriated under this subdivision may be used for Minnesota's Washington, D.C., office.

(c) The expenditures of federal grants and aids as shown in the biennial budget document and its supplements are approved and appropriated and must be spent as indicated.

(d) The base for fiscal year 2026 and later is $39,667,000.

Sec. 4.

new text begin PERMANENT SCHOOL FUND; DISTRIBUTION OF ENDOWMENT FUND EARNINGS TASK FORCE. new text end

new text begin Subdivision 1. new text end

new text begin Task force established. new text end

new text begin A task force of nine members is established to examine the distribution of earnings from the permanent school fund endowment. new text end

new text begin Subd. 2. new text end

new text begin Membership qualifications and appointments. new text end

new text begin (a) Appointed members of the task force must have outstanding professional experience in at least one of the following areas: new text end

new text begin (1) institutional asset management; new text end

new text begin (2) investment finance; new text end

new text begin (3) trust administration; new text end

new text begin (4) investment fund accounting; new text end

new text begin (5) investment banking; or new text end

new text begin (6) the practice of law in the areas of capital markets, securities funds, trusts, foundations, or endowments. new text end

new text begin (b) The task force consists of the following nine members, each of whom must be appointed by September 1, 2024: new text end

new text begin (1) the commissioner of education or the commissioner's designee; new text end

new text begin (2) an employee or other member appointed by the State Board of Investment; new text end

new text begin (3) four members appointed by the governor; and new text end

new text begin (4) three members appointed by vote of the Legislative Permanent School Fund Commission. new text end

new text begin (c) The first meeting of the task force must be called by the commissioner of education no later than October 1, 2024. The Department of Education must provide staff, technical assistance, and organizational support for the task force. new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must examine the historical returns on the permanent school fund endowment and evaluate and recommend potential changes to the distribution of earnings. The task force may examine school trust endowment policies in other states. The task force recommendations may include proposed changes to state statutes and Minnesota's constitutional provisions governing the school trust fund endowment. new text end

new text begin Subd. 4. new text end

new text begin Report; expiration. new text end

new text begin The task force must report its recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over the permanent school fund by January 15, 2026. The task force report must be submitted consistent with Minnesota Statutes, section 3.195. The task force expires on January 15, 2026, or upon submission of the report required under this subdivision, whichever occurs earlier. new text end

Sec. 5.

new text begin APPROPRIATION; PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD. new text end

new text begin Subdivision 1. new text end

new text begin Professional Educator Licensing and Standards Board. new text end

new text begin The sum indicated in this section is appropriated from the general fund to the Professional Educator Licensing and Standards Board in the fiscal year designated. new text end

new text begin Subd. 2. new text end

new text begin Information technology costs. new text end

new text begin (a) For information technology costs of the Professional Educator Licensing and Standards Board: new text end

new text begin $ new text end new text begin 2,767,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

Sec. 6.

new text begin APPROPRIATION; PERMANENT SCHOOL FUND TASK FORCE. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is appropriated from the general fund to the Department of Education for the fiscal year designated. new text end

new text begin Subd. 2. new text end

new text begin Permanent School Fund Task Force. new text end

new text begin (a) To administer the task force on the distribution of earnings from the permanent school fund: new text end

new text begin $ new text end new text begin 64,000 new text end new text begin ..... new text end new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2026. new text end

Sec. 7.

new text begin REPEALER; FEDERAL EDUCATION LAW IMPLEMENTATION REPORT. new text end

new text begin Minnesota Statutes 2022, section 127A.095, subdivision 3, new text end new text begin is repealed. new text end

ARTICLE 11

EARLY CHILDHOOD EDUCATION

Section 1.

Minnesota Statutes 2023 Supplement, section 124D.151, subdivision 6, is amended to read:

Subd. 6.

Participation limits.

(a) Notwithstanding section 126C.05, subdivision 1, paragraph (c), the pupil units for a voluntary prekindergarten program for an eligible school district or charter school must not exceed 60 percent of the kindergarten pupil units for that school district or charter school under section 126C.05, subdivision 1, paragraph (d).

(b) In reviewing applications under subdivision 5, the commissioner must limit the total number of participants in the voluntary prekindergarten and school readiness plus programs under Laws 2017, First Special Session chapter 5, article 8, section 9, to not more than 7,160 participants for fiscal deleted text begin years 2023,deleted text end new text begin yearnew text end 2024deleted text begin , and 2025,deleted text end and 12,360 participants for fiscal year deleted text begin 2026deleted text end new text begin 2025new text end and later.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 3, is amended to read:

Subd. 3.

Administration.

(a) The commissioner shall establish a schedule of tiered per-child scholarship amounts based on the results of the rate survey conducted under section 119B.02, subdivision 7, the cost of providing high-quality early care and learning to children in varying circumstances, a family's income, and geographic location.

(b) Notwithstanding paragraph (a), a program that has a four-star rating under section 124D.142 must receive, for each scholarship recipient who meets the criteria in subdivision 2a, paragraph (b) or (c), an amount not less than the cost to provide full-time care at the 75th percentile of the most recent market rate survey under section 119B.02, subdivision 7.

(c) A four-star rated program that has children eligible for a scholarship enrolled in or on a waiting list for a program beginning in July, August, or September may notify the commissioner, in the form and manner prescribed by the commissioner, each year of the program's desire to enhance program services or to serve more children than current funding provides. The commissioner may designate a predetermined number of scholarship slots for that program and notify the program of that number. For fiscal year 2018 and later, the statewide amount of funding directly designated by the commissioner must not exceed the funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district or Head Start program qualifying under this paragraph may use its established registration process to enroll scholarship recipients and may verify a scholarship recipient's family income in the same manner as for other program participants.

(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not been accepted and subsequently enrolled in a rated program within three months of the awarding of the scholarship, the scholarship cancels and the recipient must reapply in order to be eligible for another scholarship. An extension may be requested if a program is unavailable for the child within the three-month timeline. A child may not be awarded more than one scholarship in a 12-month period.

(e) A child who receives a scholarship who has not completed development screening under sections 121A.16 to 121A.19 must complete that screening within 90 days of first attending an eligible program or within 90 days after the child's third birthday if awarded a scholarship under the age of three.

(f) deleted text begin For fiscal year 2017 and later,deleted text end A school district or Head Start program enrolling scholarship recipients under paragraph (c) may apply to the commissioner, in the form and manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of the application, the commissioner must pay each program directly for each approved scholarship recipient enrolled under paragraph (c) according to the metered payment system or another schedule established by the commissioner.new text begin This paragraph expires upon implementation of the processes required under paragraph (g).new text end

new text begin (g) Beginning January 1, 2026, to the extent funding is available under subdivision 6, paragraph (f), the commissioner must: new text end

new text begin (1) make scholarship payments to eligible programs in advance of or at the beginning of the delivery of services based on an approved scholarship recipient's enrollment; and new text end

new text begin (2) implement a process for transferring scholarship awards between eligible programs, when initiated by a scholarship recipient. Under the process, the commissioner: new text end

new text begin (i) may adjust scholarship payment schedules for eligible programs to account for changes in a scholarship recipient's enrollment; and new text end

new text begin (ii) must specify a period of time for which scholarship payments must continue to an eligible program for a scholarship recipient who transfers to a different eligible program. new text end

new text begin (h) By January 1, 2026, to the extent funding is available under subdivision 6, paragraph (f), the commissioner must have information technology systems in place that prioritize efficiency and usability for families and early childhood programs and that support the following: new text end

new text begin (1) the ability for a family to apply for a scholarship through an online system that allows the family to upload documents that demonstrate scholarship eligibility; new text end

new text begin (2) the administration of scholarships, including but not limited to verification of family and child eligibility, identification of programs eligible to accept scholarships, management of scholarship awards and payments, and communication with families and eligible programs; and new text end

new text begin (3) making scholarship payments to eligible programs in advance of or at the beginning of the delivery of services for an approved scholarship recipient. new text end

new text begin (i) In creating the information technology systems and functions under paragraph (h), the commissioner must consider the requirements for and the potential transition to the great start scholarships program under section 119B.99. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 6, is amended to read:

Subd. 6.

Early learning scholarship account.

(a) An account is established in the special revenue fund known as the "early learning scholarship account."

(b) Funds appropriated for early learning scholarships under this section must be transferred to the early learning scholarship account in the special revenue fund.

(c) Money in the account is annually appropriated to the commissioner for early learning scholarships under this section. Any returned funds are available to be regranted.

(d) Up to $2,133,000 annually is appropriated to the commissioner for costs associated with administering and monitoring early learning scholarships.

(e) The commissioner may use funds under paragraph (c) for the purpose of family outreach and distribution of scholarships.

(f) The commissioner may use up to deleted text begin $5,000,000deleted text end new text begin $12,000,000new text end in funds under paragraph (c) to create information technology systemsdeleted text begin , including but not limited to an online application, a case management system, attendance tracking, and a centralized payment systemdeleted text end new text begin under subdivision 3, paragraph (h)new text end . deleted text begin Beginning July 1, 2025, the commissioner may use up to $750,000 annually in funds under paragraph (c) to maintain the information technology systems created under this paragraph.deleted text end new text begin Beginning July 1, 2025, the commissioner may use up to $2,400,000 annually in funds under paragraph (c) to maintain the information technology systems that support the early learning scholarships program.new text end

new text begin (g) By December 31 of each year, the commissioner must provide a written report to the legislative committees with jurisdiction over early care and learning programs on the use of funds under paragraph (c) for purposes other than providing scholarships to eligible children. new text end

Sec. 4.

Laws 2023, chapter 54, section 20, subdivision 6, is amended to read:

Subd. 6.

Head Start program.

(a) For Head Start programs under Minnesota Statutes, section 119A.52:

$ 35,100,000 ..... 2024
$ 35,100,000 ..... 2025

(b)new text begin For fiscal year 2025 and later, up to two percent of the appropriation in each year is available for administration.new text end

new text begin (c)new text end Any balance in the first year does not cancel but is available in the second year.

Sec. 5.

Laws 2023, chapter 54, section 20, subdivision 24, is amended to read:

Subd. 24.

Early childhood curriculum grants.

(a) For competitive grants to Minnesota postsecondary institutions to improve the curricula of the recipient institution's early childhood education programs by incorporating or conforming to the Minnesota knowledge and competency frameworks for early childhood professionals:

$ 250,000 ..... 2024
$ 250,000 ..... 2025

(b) By December 1, 2024, and again by December 1, 2025, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over early childhood through grade 12 education and higher education finance and policy reporting on grants awarded under this subdivision. The report must include the following information for the previous fiscal year:

(1) the number of grant applications received;

(2) the criteria applied by the commissioner for evaluating applications;

(3) the number of grants awarded, grant recipients, and amounts awarded;

(4) early childhood education curricular reforms proposed by each recipient institution;

(5) grant outcomes for each recipient institution; and

(6) other information identified by the commissioner as outcome indicators.

(c) The commissioner may use no more than three percent of the appropriation under this subdivision to administer the grant program.

(d) This is a onetime appropriation.

new text begin (e) Any balance in the first year does not cancel but is available in the second year. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

new text begin DIRECTION TO THE COMMISSIONER OF EDUCATION; ADJUSTING VOLUNTARY PREKINDERGARTEN PARTICIPATION LIMITS. new text end

new text begin The commissioner of education must retroactively adjust the voluntary prekindergarten and school readiness plus seat allocation under Minnesota Statutes, section 124D.151, subdivision 5a, for fiscal year 2025 to match the participation limit under Minnesota Statutes, section 124D.141, subdivision 6, for fiscal year 2025. The commissioner of education, in consultation with the Department of Children, Youth, and Families Implementation Office, must finish allocating the new seats for fiscal year 2025 by June 17, 2024, and must notify qualifying school districts and charter schools about the new seats by July 1, 2024. 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. 7.

new text begin REPEALER. new text end

new text begin Laws 2023, chapter 55, article 10, section 4, new text end new text begin is repealed. new text end

ARTICLE 12

CHILD PROTECTION AND WELFARE

Section 1.

Minnesota Statutes 2023 Supplement, section 256.01, subdivision 12b, is amended to read:

Subd. 12b.

Department of Human Services systemic critical incident review team.

(a) The commissioner may establish a Department of Human Services systemic critical incident review team to review new text begin (1) new text end critical incidents reported as required under section 626.557 for which the Department of Human Services is responsible under section 626.5572, subdivision 13; chapter 245D; or Minnesota Rules, chapter 9544new text begin ; or (2) child fatalities and near fatalities that occur in licensed facilities and are not due to natural causesnew text end . When reviewing a critical incident, the systemic critical incident review team shall identify systemic influences to the incident rather than determine the culpability of any actors involved in the incident. The systemic critical incident review may assess the entire critical incident process from the point of an entity reporting the critical incident through the ongoing case management process. Department staff shall lead and conduct the reviews and may utilize county staff as reviewers. The systemic critical incident review process may include but is not limited to:

(1) data collection about the incident and actors involved. Data may include the relevant critical services; the service provider's policies and procedures applicable to the incident; the community support plan as defined in section 245D.02, subdivision 4b, for the person receiving services; or an interview of an actor involved in the critical incident or the review of the critical incident. Actors may include:

(i) staff of the provider agency;

(ii) lead agency staff administering home and community-based services delivered by the provider;

(iii) Department of Human Services staff with oversight of home and community-based services;

(iv) Department of Health staff with oversight of home and community-based services;

(v) members of the community including advocates, legal representatives, health care providers, pharmacy staff, or others with knowledge of the incident or the actors in the incident; and

(vi) staff from the Office of the Ombudsman for Mental Health and Developmental Disabilities and the Office of Ombudsman for Long-Term Care;

(2) systemic mapping of the critical incident. The team conducting the systemic mapping of the incident may include any actors identified in clause (1), designated representatives of other provider agencies, regional teams, and representatives of the local regional quality council identified in section 256B.097; and

(3) analysis of the case for systemic influences.

Data collected by the critical incident review team shall be aggregated and provided to regional teams, participating regional quality councils, and the commissioner. The regional teams and quality councils shall analyze the data and make recommendations to the commissioner regarding systemic changes that would decrease the number and severity of critical incidents in the future or improve the quality of the home and community-based service system.

(b) Cases selected for the systemic critical incident review process shall be selected by a selection committee among the following critical incident categories:

(1) cases of caregiver neglect identified in section 626.5572, subdivision 17;

(2) cases involving financial exploitation identified in section 626.5572, subdivision 9;

(3) incidents identified in section 245D.02, subdivision 11;

(4) behavior interventions identified in Minnesota Rules, part 9544.0110;

(5) service terminations reported to the department in accordance with section 245D.10, subdivision 3a; and

(6) other incidents determined by the commissioner.

(c) The systemic critical incident review under this section shall not replace the process for screening or investigating cases of alleged maltreatment of an adult under section 626.557new text begin or of a child under chapter 260Enew text end . The department may select cases for systemic critical incident review, under the jurisdiction of the commissioner, reported for suspected maltreatment and closed following initial or final disposition.

(d) The proceedings and records of the review team are confidential data on individuals or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13. Data that document a person's opinions formed as a result of the review are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state, or a county agency arising out of the matters that the team is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because the information, documents, and records were assessed or presented during proceedings of the review team. A person who presented information before the systemic critical incident review team or who is a member of the team shall not be prevented from testifying about matters within the person's knowledge. In a civil or criminal proceeding, a person shall not be questioned about opinions formed by the person as a result of the review.

(e) By October 1 of each year, the commissioner shall prepare an annual public report containing the following information:

(1) the number of cases reviewed under each critical incident category identified in paragraph (b) and a geographical description of where cases under each category originated;

(2) an aggregate summary of the systemic themes from the critical incidents examined by the critical incident review team during the previous year;

(3) a synopsis of the conclusions, incident analyses, or exploratory activities taken in regard to the critical incidents examined by the critical incident review team; and

(4) recommendations made to the commissioner regarding systemic changes that could decrease the number and severity of critical incidents in the future or improve the quality of the home and community-based service system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 2.

Minnesota Statutes 2022, section 256N.26, subdivision 12, is amended to read:

Subd. 12.

Treatment of Supplemental Security Income.

new text begin (a) new text end If a child placed in foster care receives benefits through Supplemental Security Income (SSI) at the time of foster care placement or subsequent to placement in foster care, the financially responsible agency may apply to be the payee for the child for the duration of the child's placement in foster care. If a child continues to be eligible for SSI after finalization of the adoption or transfer of permanent legal and physical custody and is determined to be eligible for a payment under Northstar Care for Children, a permanent caregiver may choose to receive payment from both programs simultaneously. The permanent caregiver is responsible to report the amount of the payment to the Social Security Administration and the SSI payment will be reduced as required by the Social Security Administration.

new text begin (b) If a financially responsible agency applies to be the payee for a child who receives benefits through SSI, or receives the benefits under this subdivision on behalf of a child, the financially responsible agency must provide written notice by certified mail, return receipt requested to: new text end

new text begin (1) the child, if the child is 13 years of age or older; new text end

new text begin (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian the child's relative selected by the agency; new text end

new text begin (3) the guardian ad litem; new text end

new text begin (4) the legally responsible agency; and new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3. new text end

new text begin (c) If a financially responsible agency receives benefits under this subdivision on behalf of a child 13 years of age or older, the legally responsible agency and the guardian ad litem must disclose this information to the child in person in a manner that best helps the child understand the information. This paragraph does not apply in circumstances where the child is living outside of Minnesota. new text end

new text begin (d) If a financially responsible agency receives the benefits under this subdivision on behalf of a child, it cannot use those funds for any other purpose than the care of that child. The financially responsible agency must not commingle any benefits received under this subdivision and must not put the benefits received on behalf of a child under this subdivision into a general fund. new text end

new text begin (e) If a financially responsible agency receives any benefits under this subdivision, it must keep a record of: new text end

new text begin (1) the total dollar amount it received on behalf of all children it receives benefits for; new text end

new text begin (2) the total number of children it applied to be a payee for; and new text end

new text begin (3) the total number of children it received benefits for. new text end

new text begin (f) By July 1, 2025, and each July 1 thereafter, each financially responsible agency must submit a report to the commissioner of children, youth, and families that includes the information required under paragraph (e). By September 1 of each year, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over child protection that compiles the information provided to the commissioner by each financially responsible agency under paragraph (e); subdivision 13, paragraph (e); and section 260C.331, subdivision 7, paragraph (d). This paragraph expires January 31, 2034. new text end

Sec. 3.

Minnesota Statutes 2022, section 256N.26, subdivision 13, is amended to read:

Subd. 13.

Treatment of Retirement deleted text begin survivor'sdeleted text end new text begin , Survivors, andnew text end Disability Insurancedeleted text begin ,deleted text end new text begin ;new text end veteran's benefitsdeleted text begin ,deleted text end new text begin ;new text end railroad retirement benefitsdeleted text begin ,deleted text end new text begin ;new text end and black lung benefits.

new text begin (a)new text end If a child placed in foster care receives Retirement deleted text begin survivor'sdeleted text end new text begin , Survivors, andnew text end Disability Insurancedeleted text begin ,deleted text end new text begin ;new text end veteran's benefitsdeleted text begin ,deleted text end new text begin ;new text end railroad retirement benefitsdeleted text begin ,deleted text end new text begin ;new text end or black lung benefits at the time of foster care placement or subsequent to placement in foster care, the financially responsible agency may apply to be the payee for the child for the duration of the child's placement in foster care. If it is anticipated that a child will be eligible to receive Retirement deleted text begin survivor'sdeleted text end new text begin , Survivors, andnew text end Disability Insurancedeleted text begin ,deleted text end new text begin ;new text end veteran's benefitsdeleted text begin ,deleted text end new text begin ;new text end railroad retirement benefitsdeleted text begin ,deleted text end new text begin ;new text end or black lung benefits after finalization of the adoption or assignment of permanent legal and physical custody, the permanent caregiver shall apply to be the payee of those benefits on the child's behalf.

new text begin (b) If the financially responsible agency applies to be the payee for a child who receives Retirement, Survivors, and Disability Insurance; veteran's benefits; railroad retirement benefits; or black lung benefits, or receives the benefits under this subdivision on behalf of a child, the financially responsible agency must provide written notice by certified mail, return receipt requested to: new text end

new text begin (1) the child, if the child is 13 years of age or older; new text end

new text begin (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian the child's relative selected by the agency; new text end

new text begin (3) the guardian ad litem; new text end

new text begin (4) the legally responsible agency; and new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3. new text end

new text begin (c) If a financially responsible agency receives benefits under this subdivision on behalf of a child 13 years of age or older, the legally responsible agency and the guardian ad litem must disclose this information to the child in person in a manner that best helps the child understand the information. This paragraph does not apply in circumstances where the child is living outside of Minnesota. new text end

new text begin (d) If a financially responsible agency receives the benefits under this subdivision on behalf of a child, it cannot use those funds for any other purpose than the care of that child. The financially responsible agency must not commingle any benefits received under this subdivision and must not put the benefits received on behalf of a child under this subdivision into a general fund. new text end

new text begin (e) If a financially responsible agency receives any benefits under this subdivision, it must keep a record of: new text end

new text begin (1) the total dollar amount it received on behalf of all children it receives benefits for; new text end

new text begin (2) the total number of children it applied to be a payee for; and new text end

new text begin (3) the total number of children it received benefits for. new text end

new text begin (f) By July 1, 2025 and each July 1 thereafter, each financially responsible agency must submit a report to the commissioner of children, youth, and families that includes the information required under paragraph (e). new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 260.761, subdivision 2, is amended to read:

Subd. 2.

Notice to Tribes of services or court proceedings involving an Indian child.

(a) When a child-placing agency has information that a family assessment, investigation, or noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment being conducted may involve an Indian child, the child-placing agency shall notify the Indian child's Tribe of the family assessment, investigation, or noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment according to section 260E.18. The child-placing agency shall provide initial notice by telephone and by email or facsimile and shall include the child's full name and date of birth; the full names and dates of birth of the child's biological parents; and if known the full names and dates of birth of the child's grandparents and of the child's Indian custodian. If information regarding the child's grandparents or Indian custodian is not immediately available, the child-placing agency shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage. The child-placing agency shall request that the Tribe or a designated Tribal representative participate in evaluating the family circumstances, identifying family and Tribal community resources, and developing case plans. The child-placing agency shall continue to include the Tribe in service planning and updates as to the progress of the case.

(b) When a child-placing agency has information that a child receiving services may be an Indian child, the child-placing agency shall notify the Tribe by telephone and by email or facsimile of the child's full name and date of birth, the full names and dates of birth of the child's biological parents, and, if known, the full names and dates of birth of the child's grandparents and of the child's Indian custodian. This notification must be provided for the Tribe to determine if the child is a member or eligible for Tribal membership, and the agency must provide this notification to the Tribe within seven days of receiving information that the child may be an Indian child. If information regarding the child's grandparents or Indian custodian is not available within the seven-day period, the child-placing agency shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage.

(c) In all child placement proceedings, when a court has reason to believe that a child placed in emergency protective care is an Indian child, the court administrator or a designee shall, as soon as possible and before a hearing takes place, notify the Tribal social services agency by telephone and by email or facsimile of the date, time, and location of the emergency protective care or other initial hearing. The court shall make efforts to allow appearances by telephone or video conference for Tribal representatives, parents, and Indian custodians.

(d) The child-placing agency or individual petitioner shall effect service of any petition governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least 10 days before the admit-deny hearing is held. If the identity or location of the Indian child's parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall provide the notice required in this paragraph to the United States Secretary of the Interior, Bureau of Indian Affairs by certified mail, return receipt requested.

(e) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20 additional days to prepare for the admit-deny hearing. The court shall allow appearances by telephone, video conference, or other electronic medium for Tribal representatives, the Indian child's parents, or the Indian custodian.

(f) A child-placing agency or individual petitioner must provide the notices required under this subdivision at the earliest possible time to facilitate involvement of the Indian child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing agency, individual petitioner, and the court to respond to an emergency situation. Lack of participation by a Tribe shall not prevent the Tribe from intervening in services and proceedings at a later date. A Tribe may participate in a case at any time. At any stage of the child-placing agency's involvement with an Indian child, the agency shall provide full cooperation to the Tribal social services agency, including disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the child-placing agency of satisfying the notice requirements in state or federal law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 260.762, subdivision 2, is amended to read:

Subd. 2.

Requirements for child-placing agencies and individual petitioners.

A child-placing agency or individual petitioner shall:

(1) work with the Indian child's Tribe and family to develop an alternative plan to out-of-home placement;

(2) before making a decision that may affect an Indian child's safety and well-being or when contemplating out-of-home placement of an Indian child, seek guidance from the Indian child's Tribe on family structure, how the family can seek help, what family and Tribal resources are available, and what barriers the family faces at that time that could threaten its preservation; deleted text begin anddeleted text end

(3) request participation of the Indian child's Tribe at the earliest possible time and request the Tribe's active participation throughout the casedeleted text begin .deleted text end new text begin ; and new text end

new text begin (4) notify the Indian child's Tribe or Tribes by telephone and by email or facsimile immediately but no later than 24 hours after receiving information on a missing child as defined under section 260C.212, subdivision 13, paragraph (a). new text end

Sec. 6.

Minnesota Statutes 2022, section 260C.007, subdivision 5, is amended to read:

Subd. 5.

Child abuse.

"Child abuse" means an act that involves a minor victim that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,new text begin 609.282,new text end 609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.3458, 609.377, 609.378, 617.246, or that is physical or sexual abuse as defined in section 260E.03, or an act committed in another state that involves a minor victim and would constitute a violation of one of these sections if committed in this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 7.

Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;

(11) is a sexually exploited youth;

new text begin (12) is a labor trafficked youth; new text end

deleted text begin (12)deleted text end new text begin (13)new text end has committed a delinquent act or a juvenile petty offense before becoming ten years old;

deleted text begin (13)deleted text end new text begin (14)new text end is a runaway;

deleted text begin (14)deleted text end new text begin (15)new text end is a habitual truant;

deleted text begin (15)deleted text end new text begin (16)new text end has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or

deleted text begin (16)deleted text end new text begin (17)new text end has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 8.

Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision to read:

new text begin Subd. 33. new text end

new text begin Labor trafficked youth. new text end

new text begin For the purposes of this section, "labor trafficked youth" means a child, as defined in subdivision 4, who: new text end

new text begin (1) is a labor trafficking victim as defined in section 609.281, subdivision 6; or new text end

new text begin (2) is a victim of severe forms of trafficking in persons as defined in United States Code, title 22, section 7102(11)(B). new text end

Sec. 9.

Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision to read:

new text begin Subd. 34. new text end

new text begin Human trafficking. new text end

new text begin For purposes of this section, "human trafficking" includes labor trafficking as defined in section 609.281, subdivision 5; sex trafficking as defined in section 609.321, subdivision 7a; and severe forms of trafficking in persons as defined in United States Code, title 22, section 7102(11). new text end

Sec. 10.

Minnesota Statutes 2022, section 260C.212, subdivision 13, is amended to read:

Subd. 13.

deleted text begin Protectingdeleted text end new text begin Responding tonew text end missing deleted text begin and runawaydeleted text end children and youth deleted text begin at risk of sexdeleted text end new text begin and preventing humannew text end trafficking deleted text begin or commercial sexual exploitationdeleted text end .

new text begin (a) For purposes of this subdivision, "missing child or youth" means a child, as defined by section 260C.007, subdivision 4, who is under the legal custody of a responsible social services agency, as defined by section 260C.007, subdivision 22, and is absent from the foster care setting, including family foster home, residential facility or independent living setting, or home of the parent or guardian during a trial home visit, and cannot be located. new text end

deleted text begin (a)deleted text end new text begin (b)new text end The deleted text begin localdeleted text end new text begin responsiblenew text end social services agency shall new text begin develop protocols to new text end expeditiously locate any new text begin missing new text end child deleted text begin missing from foster caredeleted text end new text begin or youthnew text end .

deleted text begin (b)deleted text end new text begin (c)new text end new text begin Whennew text end the deleted text begin localdeleted text end new text begin responsiblenew text end social services agency deleted text begin shall reportdeleted text end new text begin learns that a child or youth is missing, the agency staff mustnew text end immediately, but no later than 24 hoursdeleted text begin ,deleted text end after receiving information deleted text begin on a missing or abducted childdeleted text end new text begin :new text end

new text begin (1) reportnew text end to the local law enforcement agency for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigationdeleted text begin ,deleted text end and to the National Center for Missing and Exploited Childrennew text begin and document having made this reportnew text end .new text begin When making a report to local law enforcement and National Center for Missing and Exploited Children, the agency must include, when reasonably possible:new text end

new text begin (i) a photo of the child or youth; new text end

new text begin (ii) a description of the child or youth's physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and new text end

new text begin (iii) endangerment information, such as the child or youth's pregnancy status, prescriptions, medications, suicidal tendencies, vulnerability to being trafficked, and other health or risk factors; and new text end

new text begin (2) notify the court, parties to the case, parents and relatives who are not parties as the agency deems appropriate, and any Tribe who has legal responsibility or received notice under section 260.761, subdivision 2, but has not yet determined enrollment or eligibility status. new text end

deleted text begin (c)deleted text end new text begin (d) While the child or youth is missing,new text end the deleted text begin localdeleted text end new text begin responsiblenew text end social services agency deleted text begin shalldeleted text end new text begin must:new text end

new text begin (1) implement protocols to expeditiously locate the child or youth; new text end

new text begin (2) maintain regular communication with law enforcement agencies and the National Center for Missing and Exploited Children in efforts to provide a safe recovery of the missing child or youth and document this communication; new text end

new text begin (3) share information pertaining to the child or youth's recovery, and circumstances related to recovery, with law enforcement agencies and the National Center for Missing and Exploited Children; and new text end

new text begin (4)new text end not discharge a childnew text begin or youthnew text end from foster care or close the social services case until diligent efforts have been exhausted to locate the childnew text begin or youthnew text end and the court terminates the agency's jurisdiction.

deleted text begin (d)deleted text end new text begin (e) When the child or youth is located,new text end the deleted text begin localdeleted text end new text begin responsiblenew text end social services agency deleted text begin shalldeleted text end new text begin must:new text end

new text begin (1) notify all individuals and agencies that require notification in paragraph (c) of the child or youth's return; new text end

new text begin (2) interview the child or youth tonew text end determinenew text begin and document, on a form approved by the commissioner of children, youth, and families, what the child or youth experienced while missing and new text end the primary factors that contributed to the deleted text begin child's running away or otherwise being absentdeleted text end new text begin child or youth's absencenew text end from care deleted text begin and,deleted text end new text begin ;new text end

new text begin (3)new text end to the extent possible and appropriate, respond to deleted text begin thosedeleted text end new text begin the primary contributingnew text end factors in current and subsequent placementsdeleted text begin .deleted text end new text begin ;new text end

deleted text begin (e) The local social services agency shall determine what the child experienced while absent from care, including screeningdeleted text end new text begin (4) screennew text end the childnew text begin or youth's reported experience new text end to deleted text begin determinedeleted text end new text begin identifynew text end if the childnew text begin or youthnew text end is a possible deleted text begin sexdeleted text end new text begin victim of humannew text end trafficking deleted text begin or commercial sexual exploitation victimdeleted text end new text begin ,new text end as defined in section 260C.007, subdivision deleted text begin 31.deleted text end new text begin 34; andnew text end

deleted text begin (f) the local social servicesdeleted text end new text begin (5) if the child or youth is identified to have been a victim of human trafficking,new text end deleted text begin agency shalldeleted text end report immediately, but no later than 24 hours, to deleted text begin thedeleted text end local law enforcement deleted text begin agency any reasonable cause to believe a child is, or is at risk of being, a sex trafficking or commercial sexual exploitation victimdeleted text end .

deleted text begin (g)deleted text end new text begin (f) With respect to any child or youth for whom the responsible social services agency has responsibility for placement, care, or supervision,new text end the deleted text begin localdeleted text end new text begin responsiblenew text end social services agency shall deleted text begin determinedeleted text end new text begin :new text end

new text begin (1) identify and document any reasonable cause to believe that the child or youth is a human trafficking victim as defined in section 260C.007, subdivision 34, or a youth at risk of sex trafficking or commercial sexual exploitation as defined by the commissioner of children, youth, and families; and new text end

new text begin (2) provide access tonew text end appropriate servicesnew text begin , which may include services under Safe Harbor,new text end as described in section deleted text begin 145.4717 with respect to any child for whom the local social services agency has responsibility for placement, care, or supervision when the local social services agency has reasonable cause to believe that the child is, or is at risk of being, a sex trafficking or commercial sexual exploitation victim.deleted text end new text begin 145.4716, amending the child or youth's out-of-home placement plan in subdivision 1, as necessary.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, except for paragraph (f), which is effective July 1, 2025. new text end

Sec. 11.

Minnesota Statutes 2022, section 260C.331, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Notice. new text end

new text begin (a) If the responsible social services agency receives Retirement, Survivors, and Disability Insurance; Supplemental Security Income; veteran's benefits; railroad retirement benefits; or black lung benefits on behalf of a child, it must provide written notice by certified mail, return receipt requested to: new text end

new text begin (1) the child, if the child is 13 years of age or older; new text end

new text begin (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian the child's relative selected by the agency; new text end

new text begin (3) the guardian ad litem; new text end

new text begin (4) the legally responsible agency as defined in section 256N.02, if different than the responsible social services agency; and new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3. new text end

new text begin (b) If the responsible social services agency receives benefits under this subdivision on behalf of a child 13 years of age or older, the legally responsible agency as defined in section 256N.02, subdivision 14, if different, and the guardian ad litem must disclose this information to the child in person in a manner that best helps the child understand the information. This paragraph does not apply in circumstances where the child is living outside of Minnesota. new text end

new text begin (c) If the responsible social services agency receives the benefits listed under this subdivision on behalf of a child, it cannot use those funds for any other purpose than the care of that child. The responsible social services agency must not commingle any benefits received under this subdivision and must not put the benefits received on behalf of a child into a general fund. new text end

new text begin (d) If the responsible social services agency receives any benefits listed under this subdivision, it must keep a record of: new text end

new text begin (1) the total dollar amount it received on behalf of all children it receives benefits for; new text end

new text begin (2) the total number of children it applied to be a payee for; and new text end

new text begin (3) the total number of children it receives benefits for. By July 1, 2025, and each July 1 thereafter, the responsible social services agency must submit a report to the commissioner that includes the information required under this paragraph. new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 260E.02, subdivision 1, as amended by Laws 2024, chapter 80, article 8, section 31, is amended to read:

Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary child protection team that may includedeleted text begin ,deleted text end but is not limited todeleted text begin ,deleted text end the director of the local welfare agency or designees, the county attorney or designees, the county sheriff or designees, representatives of health and education, representatives of mental health, representatives of agencies providing specialized services or responding to youth who experience or are at risk of experiencing sex new text begin or labor new text end trafficking or sexual exploitation, or other appropriate human services, children's services, or community-based agencies, and parent groups. As used in this section, a "community-based agency" may include, but is not limited to, schools, social services agencies, family service and mental health collaboratives, children's advocacy centers, early childhood and family education programs, Head Start, or other agencies serving children and families. A member of the team must be designated as the lead person of the team responsible for the planning process to develop standards for the team's activities with battered women's and domestic abuse programs and services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 13.

Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision to read:

new text begin Subd. 11a. new text end

new text begin Labor trafficking. new text end

new text begin "Labor trafficking" means the subjection of a child to the acts listed in section 609.281, subdivision 5, limited to the purposes of forced or coerced labor or services as defined by section 609.281, subdivision 4, and debt bondage as defined by section 609.281, subdivision 3, regardless of whether the alleged offender is a noncaregiver human trafficker as defined in subdivision 17a. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15a, is amended to read:

Subd. 15a.

Noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficker.

"Noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficker" means an individual who is alleged to have engaged in the act of sexnew text begin or labornew text end trafficking a child and who is not a person responsible for the child's care, who does not have a significant relationship with the child as defined in section 609.341deleted text begin , and who is not a person in a current or recent position of authority as defined in section 609.341, subdivision 10deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 15.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15b, is amended to read:

Subd. 15b.

Noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment.

"Noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment" is a comprehensive assessment of child safety, the risk of subsequent child maltreatment, and strengths and needs of the child and family. The local welfare agency shall only perform a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment when a maltreatment report alleges sexnew text begin or labornew text end trafficking of a child by someone other than the child's caregiver. A noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment does not include a determination of whether child maltreatment occurred. A noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment includes a determination of a family's need for services to address the safety of the child or children, the safety of family members, and the risk of subsequent child maltreatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 16.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 22, is amended to read:

Subd. 22.

Substantial child endangerment.

"Substantial child endangerment" means that a person responsible for a child's care, by act or omission, commits or attempts to commit an act against a child in the person's care that constitutes any of the following:

(1) egregious harm under subdivision 5;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) sex trafficking, solicitation, inducement, or promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) sexual extortion under section 609.3458;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; deleted text begin ordeleted text end

new text begin (13) labor trafficking under sections 609.281 and 609.282; or new text end

deleted text begin (13)deleted text end new text begin (14)new text end parental behavior, status, or condition requiring the county attorney to file a termination of parental rights petition under section 260C.503, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 17.

Minnesota Statutes 2022, section 260E.14, subdivision 3, is amended to read:

Subd. 3.

Neglect deleted text begin ordeleted text end new text begin ,new text end physical abusenew text begin , or labor traffickingnew text end .

new text begin (a) new text end The local welfare agency is responsible for immediately conducting a family assessment or investigation if the report alleges neglect or physical abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care.

new text begin (b) The local welfare agency is also responsible for conducting a family assessment or investigation when a child is identified as a victim of labor trafficking. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 18.

Minnesota Statutes 2023 Supplement, section 260E.14, subdivision 5, is amended to read:

Subd. 5.

Law enforcement.

(a) The local law enforcement agency is the agency responsible for investigating a report of maltreatment if a violation of a criminal statute is alleged.

(b) Law enforcement and the responsible agency must coordinate their investigations or assessments as required under this chapter when: (1) a report alleges maltreatment that is a violation of a criminal statute by a person who is a parent, guardian, sibling, person responsible for the child's care within the family unit, or by a person who lives in the child's household and who has a significant relationship to the child in a setting other than a facility as defined in section 260E.03; or (2) a report alleges sexnew text begin or labornew text end trafficking of a child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 19.

Minnesota Statutes 2023 Supplement, section 260E.17, subdivision 1, is amended to read:

Subdivision 1.

Local welfare agency.

(a) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment, an investigation, or a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment as appropriate to prevent or provide a remedy for maltreatment.

(b) The local welfare agency shall conduct an investigation when the report involves sexual abuse, except as indicated in paragraph (f), or substantial child endangerment.

(c) The local welfare agency shall begin an immediate investigation at any time when the local welfare agency is responding with a family assessment and the local welfare agency determines that there is reason to believe that sexual abuse, substantial child endangerment, or a serious threat to the child's safety exists.

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

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

(f) The local welfare agency shall conduct a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment when a maltreatment report alleges sexnew text begin or labornew text end trafficking of a child and the alleged offender is a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficker as defined by section 260E.03, subdivision 15a.

(g) During a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment, the local welfare agency shall initiate an immediate investigation if there is reason to believe that a child's parent, caregiver, or household member allegedly engaged in the act of sexnew text begin or labornew text end trafficking a child or was alleged to have engaged in any conduct requiring the agency to conduct an investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 20.

Minnesota Statutes 2023 Supplement, section 260E.18, is amended to read:

260E.18 NOTICE TO CHILD'S TRIBE.

The local welfare agency shall provide immediate notice, according to section 260.761, subdivision 2, to an Indian child's Tribe when the agency has reason to believe that the family assessment, investigation, or noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment may involve an Indian child. For purposes of this section, "immediate notice" means notice provided within 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 21.

Minnesota Statutes 2023 Supplement, section 260E.20, subdivision 2, is amended to read:

Subd. 2.

Face-to-face contact.

(a) Upon receipt of a screened in report, the local welfare agency shall have face-to-face contact with the child reported to be maltreated and with the child's primary caregiver sufficient to complete a safety assessment and ensure the immediate safety of the child. When it is possible and the report alleges substantial child endangerment or sexual abuse, the local welfare agency is not required to provide notice before conducting the initial face-to-face contact with the child and the child's primary caregiver.

(b) Except in a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment, the local welfare agency shall have face-to-face contact with the child and primary caregiver immediately after the agency screens in a report if sexual abuse or substantial child endangerment is alleged and within five calendar days of a screened in report for all other reports. If the alleged offender was not already interviewed as the primary caregiver, the local welfare agency shall also conduct a face-to-face interview with the alleged offender in the early stages of the assessment or investigation, except in a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment. Face-to-face contact with the child and primary caregiver in response to a report alleging sexual abuse or substantial child endangerment may be postponed for no more than five calendar days if the child is residing in a location that is confirmed to restrict contact with the alleged offender as established in guidelines issued by the commissioner, or if the local welfare agency is pursuing a court order for the child's caregiver to produce the child for questioning under section 260E.22, subdivision 5.

(c) At the initial contact with the alleged offender, the local welfare agency or the agency responsible for assessing or investigating the report must inform the alleged offender of the complaints or allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation. In a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment, the local child welfare agency is not required to inform or interview the alleged offender.

(d) The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement, except in a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment. The alleged offender may submit supporting documentation relevant to the assessment or investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 22.

Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 2, is amended to read:

Subd. 2.

Determination after family assessment or a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment.

After conducting a family assessment or a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment, the local welfare agency shall determine whether child protective services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. The local welfare agency must document the information collected under section 260E.20, subdivision 3, related to the completed family assessment in the child's or family's case notes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 23.

Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 7, is amended to read:

Subd. 7.

Notification at conclusion of family assessment or a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment.

Within ten working days of the conclusion of a family assessment or a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment, the local welfare agency shall notify the parent or guardian of the child of the need for services to address child safety concerns or significant risk of subsequent maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 24.

Minnesota Statutes 2023 Supplement, section 260E.33, subdivision 1, is amended to read:

Subdivision 1.

Following a family assessment or a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment.

Administrative reconsideration is not applicable to a family assessment or noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment since no determination concerning maltreatment is made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 25.

Minnesota Statutes 2023 Supplement, section 260E.35, subdivision 6, is amended to read:

Subd. 6.

Data retention.

(a) Notwithstanding sections 138.163 and 138.17, a record maintained or a record derived from a report of maltreatment by a local welfare agency, agency responsible for assessing or investigating the report, court services agency, or school under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible authority.

(b) For a report alleging maltreatment that was not accepted for an assessment or an investigation, a family assessment case, a noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment case, and a case where an investigation results in no determination of maltreatment or the need for child protective services, the record must be maintained for a period of five years after the date that the report was not accepted for assessment or investigation or the date of the final entry in the case record. A record of a report that was not accepted must contain sufficient information to identify the subjects of the report, the nature of the alleged maltreatment, and the reasons why the report was not accepted. Records under this paragraph may not be used for employment, background checks, or purposes other than to assist in future screening decisions and risk and safety assessments.

(c) All records relating to reports that, upon investigation, indicate maltreatment or a need for child protective services shall be maintained for ten years after the date of the final entry in the case record.

(d) All records regarding a report of maltreatment, including a notification of intent to interview that was received by a school under section 260E.22, subdivision 7, shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision.

(e) Private or confidential data released to a court services agency under subdivision 3, paragraph (d), must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 26.

Minnesota Statutes 2022, section 260E.36, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin Sexdeleted text end new text begin Humannew text end trafficking deleted text begin anddeleted text end new text begin ,new text end sexual exploitationnew text begin , and youth missing from carenew text end training requirement.

As required by the Child Abuse Prevention and Treatment Act amendments through Public Law 114-22 and to implement Public deleted text begin Lawdeleted text end new text begin Laws 113-183 andnew text end 115-123, all child protection social workers and social services staff who have responsibility for child protective duties under this chapter or chapter 260C shall complete training implemented by the commissioner of human services regarding deleted text begin sexdeleted text end new text begin identification, prevention, and response to humannew text end trafficking and sexual exploitation of children and youthnew text begin , including prevention for youth missing from carenew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 27.

new text begin [260E.39] CHILD FATALITY AND NEAR FATALITY REVIEW. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the meanings given: new text end

new text begin (1) "critical incident" means a child fatality or near fatality in which maltreatment was a known or suspected contributing cause; new text end

new text begin (2) "joint review" means the critical incident review conducted by the child mortality review panel jointly with the local review team under subdivision 4, paragraph (b); new text end

new text begin (3) "local review" means the local critical incident review conducted by the local review team under subdivision 4, paragraph (c); new text end

new text begin (4) "local review team" means a local child mortality review team established under subdivision 2; and new text end

new text begin (5) "panel" means the child mortality review panel established under subdivision 3. new text end

new text begin Subd. 2. new text end

new text begin Local child mortality review teams. new text end

new text begin (a) Each county shall establish a multidisciplinary local child mortality review team and shall participate in local critical incident reviews that are based on safety science principles to support a culture of learning. The local welfare agency's child protection team may serve as the local review team. The local review team shall include but not be limited to professionals with knowledge of the critical incident being reviewed and, if the critical incident being reviewed involved an Indian child as defined in section 260.755, subdivision 8, at least one representative from the child's Tribe. new text end

new text begin (b) The local review team shall conduct reviews of critical incidents jointly with the child mortality review panel or as otherwise required under subdivision 4, paragraph (c). new text end

new text begin Subd. 3. new text end

new text begin Child mortality review panel; establishment and membership. new text end

new text begin (a) The commissioner shall establish a child mortality review panel to review critical incidents attributed to child maltreatment. The purpose of the panel is to identify systemic changes to improve child safety and well-being and recommend modifications in statute, rule, policy, and procedure. new text end

new text begin (b) The panel shall consist of: new text end

new text begin (1) the commissioner of children, youth, and families, or a designee; new text end

new text begin (2) the commissioner of human services, or a designee; new text end

new text begin (3) the commissioner of health, or a designee; new text end

new text begin (4) the commissioner of education, or a designee; new text end

new text begin (5) the superintendent of the Bureau of Criminal Apprehension, or a designee; new text end

new text begin (6) a judge, appointed by the Minnesota judicial branch; and new text end

new text begin (7) other members appointed by the governor, including but not limited to: new text end

new text begin (i) a physician who is a medical examiner; new text end

new text begin (ii) a physician who is a child abuse specialist pediatrician; new text end

new text begin (iii) a county attorney who works on child protection cases; new text end

new text begin (iv) two current child protection supervisors for local welfare agencies, each of whom has previous experience as a frontline child protection worker; new text end

new text begin (v) a current local welfare agency director who has previous experience as a frontline child protection worker or supervisor; new text end

new text begin (vi) two current child protection supervisors or directors for Tribal child welfare agencies, each of whom has previous experience as a frontline child protection worker or supervisor; new text end

new text begin (vii) a county or Tribal public health worker; and new text end

new text begin (viii) a member representing law enforcement. new text end

new text begin (c) The governor shall designate one member as chair of the panel from the members listed in paragraph (b), clauses (6) and (7). new text end

new text begin (d) Members of the panel shall serve terms of four years for an unlimited number of terms. A member of the panel may be removed by the appointing authority for the member. new text end

new text begin (e) The commissioner shall employ an executive director for the panel to: new text end

new text begin (1) provide administrative support to the panel and the chair, including providing the panel with critical incident notices submitted by local welfare agencies; new text end

new text begin (2) compile and synthesize information for the panel; new text end

new text begin (3) draft recommendations and reports for the panel's final approval; and new text end

new text begin (4) conduct or otherwise direct training and consultation under subdivision 7. new text end

new text begin Subd. 4. new text end

new text begin Critical incident review process. new text end

new text begin (a) A local welfare agency that has determined that maltreatment was the cause of or a contributing factor in a critical incident must notify the commissioner and the executive director of the panel within three business days of making the determination. new text end

new text begin (b) The panel shall conduct a joint review with the local review team for: new text end

new text begin (1) any critical incident relating to a family, child, or caregiver involved in a local welfare agency family assessment or investigation within the 12 months preceding the critical incident; new text end

new text begin (2) a critical incident the governor or commissioner directs the panel to review; and new text end

new text begin (3) any other critical incident the panel chooses for review. new text end

new text begin (c) The local review team must review all critical incident cases not subject to joint review under paragraph (b). new text end

new text begin (d) Within 120 days of initiating a joint review or local review of a critical incident, except as provided under paragraph (h), the panel or local review team shall complete the joint review or local review and compile a report. The report must include any systemic learnings that may increase child safety and well-being, and may include policy or practice considerations for systems changes that may improve child well-being and safety. new text end

new text begin (e) A local review team must provide its report following a local review to the panel within three business days after the report is complete. After receiving the local review team report, the panel may conduct a further joint review. new text end

new text begin (f) Following the panel's joint review or after receiving a local review team report, the panel may make recommendations to any state or local agency, branch of government, or system partner to improve child safety and well-being. new text end

new text begin (g) The commissioner shall conduct additional information gathering as requested by the panel or the local review team. The commissioner must conduct information gathering for all cases for which the panel requests assistance. The commissioner shall compile a summary report for each critical incident for which information gathering is conducted and provide the report to the panel and the local welfare agency that reported the critical incident. new text end

new text begin (h) If the panel or local review team requests information gathering from the commissioner, the panel or local review team may conduct the joint review or local review and compile its report under paragraph (d) after receiving the commissioner's summary information-gathering report. The timeline for a local or joint review under paragraph (d) may be extended if the panel or local review team requests additional information gathering to complete their review. If the local review team extends the timeline for its review and report, the local welfare agency must notify the executive director of the panel of the extension and the expected completion date. new text end

new text begin (i) The review of any critical incident shall proceed as specified in this section, regardless of the status of any pending litigation or other active investigation. new text end

new text begin Subd. 5. new text end

new text begin Critical incident reviews; data practices and immunity. new text end

new text begin (a) In conducting reviews, the panel, the local review team, and the commissioner shall have access to not public data under chapter 13 maintained by state agencies, statewide systems, or political subdivisions that are related to the child's critical incident or circumstances surrounding the care of the child. The panel, the local review team, and the commissioner shall also have access to records of private hospitals as necessary to carry out the duties prescribed by this section. A state agency, statewide system, or political subdivision shall provide the data upon request from the commissioner. Not public data may be shared with members of the panel, a local review team, or the commissioner in connection with an individual case. new text end

new text begin (b) Notwithstanding the data's classification in the possession of any other agency, data acquired by a local review team, the panel, or the commissioner in the exercise of their duties are protected nonpublic or confidential data as defined in section 13.02 but may be disclosed as necessary to carry out the duties of the review team, panel, or commissioner. The data are not subject to subpoena or discovery. new text end

new text begin (c) The commissioner shall disclose information regarding a critical incident upon request but shall not disclose data that was classified as confidential or private data on decedents under section 13.10 or private, confidential, or protected nonpublic data in the disseminating agency, except that the commissioner may disclose local social service agency data as provided in section 260E.35 on individual cases involving a critical incident with a person served by the local social service agency prior to the date of the critical incident. new text end

new text begin (d) A person attending a local review team or child mortality review panel meeting shall not disclose what transpired at the meeting except to carry out the purposes of the local review team or panel. The commissioner shall not disclose what transpired during its information-gathering process except to carry out the duties of the commissioner. The proceedings and records of the local review team, the panel, and the commissioner are protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal action. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the local review team, the panel, or the commissioner. new text end

new text begin (e) A person who presented information before the local review team, the panel, or the commissioner or who is a member of the local review team or the panel, or an employee conducting information gathering as designated by the commissioner, shall not be prevented from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person may not be questioned about the person's presentation of information to the local review team, the panel, or the commissioner, or about the information reviewed or discussed during a critical incident review or the information-gathering process, any conclusions drawn or recommendations made related to information gathering or a critical incident review, or opinions formed by the person as a result of the panel or review team meetings. new text end

new text begin (f) A person who presented information before the local review team, the panel, or the commissioner, or who is a member of the local review team or the panel, or an employee conducting information gathering as designated by the commissioner, is immune from any civil or criminal liability that might otherwise result from the person's presentation or statements if the person was acting in good faith and assisting with information gathering or in a critical incident review under this section. new text end

new text begin Subd. 6. new text end

new text begin Child mortality review panel; annual report. new text end

new text begin Beginning December 15, 2026, and on or before December 15 annually thereafter, the commissioner shall publish a report of the child mortality review panel. The report shall include but not be limited to de-identified summary data on the number of critical incidents reported to the panel, the number of critical incidents reviewed by the panel and local review teams, and systemic learnings identified by the panel or local review teams during the period covered by the report. The report shall also include recommendations on improving the child protection system, including modifications to statutes, rules, policies, and procedures. The panel may make recommendations to the legislature or any state or local agency at any time, outside of its annual report. new text end

new text begin Subd. 7. new text end

new text begin Local welfare agency critical incident review training. new text end

new text begin The commissioner shall provide training and support to local review teams and the panel to assist with local or joint review processes and procedures. The commissioner shall also provide consultation to local review teams and the panel conducting local or joint reviews pursuant to this section. new text end

new text begin Subd. 8. new text end

new text begin Culture of learning and improvement. new text end

new text begin The local review teams and panel shall advance and support a culture of learning and improvement within Minnesota's child welfare system. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 28.

Minnesota Statutes 2023 Supplement, section 518A.42, subdivision 3, is amended to read:

Subd. 3.

Exception.

(a) deleted text begin This sectiondeleted text end new text begin The minimum basic support amount under subdivision 2new text end does not apply to an obligor who is incarcerated deleted text begin or is a recipient of a general assistance grant, Supplemental Security Income, temporary assistance for needy families (TANF) grant, or comparable state-funded Minnesota family investment program (MFIP) benefitsdeleted text end .

new text begin (b) The minimum basic support amount under subdivision 2 does not apply to an obligor who is a recipient of: new text end

new text begin (1) a general assistance grant; new text end

new text begin (2) Supplemental Security Income; new text end

new text begin (3) a Temporary Assistance for Needy Families (TANF) grant; or new text end

new text begin (4) comparable state-funded Minnesota family investment program (MFIP) benefits. new text end

deleted text begin (b)deleted text end new text begin (c)new text end If the court finds the obligor receives no income and completely lacks the ability to earn income, the minimum basic support amount under deleted text begin thisdeleted text end subdivisionnew text begin 2new text end does not apply.

deleted text begin (c)deleted text end new text begin (d)new text end If the obligor's basic support amount is reduced below the minimum basic support amount due to the application of the parenting expense adjustment, the minimum basic support amount under deleted text begin thisdeleted text end subdivisionnew text begin 2new text end does not apply and the lesser amount is the guideline basic support.

Sec. 29.

Laws 2023, chapter 70, article 14, section 42, subdivision 6, is amended to read:

Subd. 6.

Community Resource Center Advisory Council; establishment and duties.

(a) The commissioner, in consultation with other relevant state agencies, shall appoint members to the Community Resource Center Advisory Council.

(b) Membership must be demographically and geographically diverse and include:

(1) parents and family members with lived experience who lack opportunities;

(2) community-based organizations serving families who lack opportunities;

(3) Tribal and urban American Indian representatives;

(4) county government representatives;

(5) school and school district representatives; and

(6) state partner representatives.

(c) Duties of the Community Resource Center Advisory Council include but are not limited to:

(1) advising the commissioner on the development and funding of a network of community resource centers;

(2) advising the commissioner on the development of requests for proposals and grant award processes;

(3) advising the commissioner on the development of program outcomes and accountability measures; and

(4) advising the commissioner on ongoing governance and necessary support in the implementation of community resource centers.

new text begin (d) Compensation for members of the Community Resource Center Advisory Council is governed by Minnesota Statutes, section 15.0575, except that a public member may be compensated at the rate of up to $125 per day. new text end

new text begin (e) A vacancy on the council may be filled by the appointing authority for the remainder of the unexpired term. new text end

Sec. 30.

new text begin SUPREME COURT COUNCIL ON CHILD PROTECTION AND MALTREATMENT PREVENTION. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The chief justice of the supreme court is invited to establish a Supreme Court Council on Child Protection and Maltreatment Prevention as part of Minnesota's Court Improvement Program, the Children's Justice Initiative, authorized under Public Law 116-260, Division CC, title III, section 305, of the Consolidated Appropriations Act of 2021, to develop a comprehensive blueprint to improve Minnesota's child protection system and prevent unnecessary entry of children and families into the system. new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The council must consist of the following members: new text end

new text begin (1) the chief justice of the supreme court or a designee; new text end

new text begin (2) the commissioner of children, youth, and families, or a designee; new text end

new text begin (3) members representing Indian Tribes, including Tribal courts, appointed by the executive board of the Minnesota Indian Affairs Council; new text end

new text begin (4) peace officers as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c); state and local community corrections probation, parole, and supervised release agents; and other criminal justice professionals with substantial experience responding to reports of child maltreatment and working with minors who have had contact with the criminal justice system, appointed by the chief justice of the supreme court; new text end

new text begin (5) professionals with experience providing child maltreatment prevention services, child protective services, foster care, adoption services, and postpermanency services, appointed by the chief justice of the supreme court; new text end

new text begin (6) legal professionals and guardians ad litem, including Indian Child Welfare Act guardians ad litem, with significant experience in juvenile protection matters, appointed by the chief justice of the supreme court; new text end

new text begin (7) educational professionals, including professionals with experience in early childhood education and providing educational services to children with disabilities, appointed by the chief justice of the supreme court; new text end

new text begin (8) professionals from nonprofit community organizations with experience providing services and supports to children, parents, and relatives involved in or at risk of involvement in child maltreatment and juvenile protection matters, appointed by the chief justice of the supreme court; new text end

new text begin (9) professionals with expertise on historical and generational trauma, systemic racism, adverse childhood experiences, and the long-term impacts of child protection system involvement on children, families, and communities historically overrepresented in the system, appointed by the chief justice of the supreme court; new text end

new text begin (10) professionals with expertise providing services to persons with disabilities involved with the child protection system, appointed by the chief justice of the supreme court; new text end

new text begin (11) persons with lived experience as a parent involved with the child protection system, appointed by the chief justice of the supreme court; new text end

new text begin (12) one or more persons age 18 or older with lived experience as a child involved with the child protection system, appointed by the chief justice of the supreme court; and new text end

new text begin (13) professionals with expertise on preventing child protection system involvement, including expertise on the impact of generational and situational poverty on children and child protection system involvement, appointed by the chief justice of the supreme court. new text end

new text begin (b) A member may satisfy more than one category of experience or expertise identified in paragraph (a). new text end

new text begin Subd. 3. new text end

new text begin Organization and administration. new text end

new text begin (a) The council is governed by Minnesota Statutes, section 15.059, except that subdivision 6 does not apply. The state court administrator must provide the council with staff support, office and meeting space, and access to office equipment and services. new text end

new text begin (b) Council members serve at the pleasure of the appointing authority. The chief justice of the supreme court must select a chair from among the members. The council may select other officers, subcommittees, and work groups as it deems necessary. new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin (a) The council must meet at the call of the chair. new text end

new text begin (b) The chair must convene the council's first meeting, which must occur by September 15, 2024. new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The council must develop a comprehensive blueprint for improvement that addresses all aspects of the child protection system, including prevention and early intervention, by: new text end

new text begin (1) reviewing policies, laws, practices, latest research, and data related to children in the child protection system; new text end

new text begin (2) gathering information through surveys or focus groups, including consultation with individuals who have lived experience with the child protection system, and reviews of evidence supporting federal guidance and research on the child protection system and maltreatment prevention; new text end

new text begin (3) reviewing research that evaluates the effects of child foster care placement and out-of-home placement on the safety, permanency, and well-being of children and that identifies and evaluates factors designed to ensure emotional and physical safety of children in the context of child placement and permanency dispositions, family preservation, and reunification; new text end

new text begin (4) making recommendations for changes in policies and law that are designed to improve outcomes for children and families in the child protection system or at risk of maltreatment; and new text end

new text begin (5) recognizing the inherent sovereignty of Tribal Nations and the unique political status of their children and families. new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin By July 15, 2025, the Supreme Court Council on Child Protection must submit a progress report on the council's duties under subdivision 5 to the governor, the chief justice of the supreme court, and the chairs and ranking minority members of the legislative committees with jurisdiction over child protection. By January 15, 2026, the council must submit its final report to the governor, the chief justice of the supreme court, and the chairs and ranking minority members of the legislative committees with jurisdiction over child protection, detailing the comprehensive blueprint developed under subdivision 5. new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The Supreme Court Council on Child Protection expires upon the submission of its final report under subdivision 6. new text end

Sec. 31.

new text begin DIRECTION TO COMMISSIONER; CHILD MALTREATMENT REPORTING SYSTEMS REVIEW AND RECOMMENDATIONS. new text end

new text begin The commissioner of children, youth, and families must review current child maltreatment reporting processes and systems in various states and evaluate the costs and benefits of each reviewed state's system. In consultation with stakeholders, including but not limited to counties, Tribes, and organizations with expertise in child maltreatment prevention and child protection, the commissioner must develop recommendations on implementing a statewide child abuse and neglect reporting system in Minnesota and outline the benefits, challenges, and costs of such a transition. By June 1, 2025, the commissioner must submit a report detailing the commissioner's recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over child protection. The commissioner must also publish the report on the department'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. 32.

new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; CHILD WELFARE WORKFORCE SYSTEM IMPROVEMENTS. new text end

new text begin When designing, developing, and implementing a data-driven, federally compliant Comprehensive Child Welfare Information System, the commissioner of human services must ensure that the system can, at a minimum, do the following: new text end

new text begin (1) allow counties to track various financial information, including benefits received by counties on behalf of children in the child welfare system, and fees received by counties from parents with children in out-of-home placements; new text end

new text begin (2) provide the ombudspersons under Minnesota Statutes, section 257.0755, the ombudsperson for American Indian families under Minnesota Statutes, section 3.9215, and the ombudsperson for foster youth under Minnesota Statutes, section 260C.80, with case-by-case access to nonprivileged information necessary for the discharge of the ombudsperson's duties, including specific child protection case information, while protecting Tribal data sovereignty; new text end

new text begin (3) provide comprehensive statewide data reports; and new text end

new text begin (4) track demographic information about children in the child welfare system, including race, cultural and ethnic identity, disability status, and economic status. new text end

Sec. 33.

new text begin SUPPORTING RELATIVE CAREGIVER GRANTS. new text end

new text begin (a) The commissioner of children, youth, and families must award grants to eligible community-based nonprofit organizations to provide culturally competent supports to relative caregivers who are caring for relative children and connection to local and statewide resources. new text end

new text begin (b) Grant funds must be used to serve relative caregivers caring for children from communities that are disproportionately overrepresented in the child welfare system based on available data, as determined by the commissioner. new text end

new text begin (c) Grant funds may be used to assess relative caregiver and child needs, provide connection to local and statewide culturally competent resources, and provide culturally competent case management to assist with complex cases. Grant funds may also be used to provide culturally competent supports to reduce the need for child welfare involvement or risk of child welfare involvement and increase family stability by preventing nonrelative foster care placement. new text end

new text begin (d) For purposes of this section, "relative" has the meaning given in Minnesota Statutes, section 260C.007, subdivision 27. new text end

Sec. 34.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section 260E.03, in alphabetical order except for subdivision 1 and correct any cross-reference changes that result. new text end

Sec. 35.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 256.01, subdivisions 12 and 12a, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Rules, part 9560.0232, subpart 5, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

ARTICLE 13

ECONOMIC SUPPORTS

Section 1.

new text begin [142F.103] CAMPUS-BASED EMPLOYMENT AND TRAINING PROGRAM FOR STUDENTS ENROLLED IN HIGHER EDUCATION. new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin (a) Within six months of the effective date of this section, the Board of Trustees of Minnesota State Colleges and Universities must, and the Board of Regents of the University of Minnesota is requested to, submit an application to the commissioner of human services verifying whether each of its institutions meets the requirements to be a campus-based employment and training program that qualifies for the student exemption for Supplemental Nutrition Assistance Program (SNAP) eligibility, as described in the Code of Federal Regulations, title 7, section 273.5(b)(11)(iv). new text end

new text begin (b) An institution of higher education must be designated as a campus-based employment and training program by the commissioner of human services if that institution meets the requirements set forth in the guidance under subdivision 3. The commissioner of human services must maintain a list of approved programs on its website. new text end

new text begin Subd. 2. new text end

new text begin Student eligibility. new text end

new text begin A student is eligible to participate in a campus-based employment and training program under this section if the student is enrolled in: new text end

new text begin (1) a public two-year community or technical college and received a state grant under section 136A.121, received a federal Pell grant, or has a student aid index of $0 or less; new text end

new text begin (2) a Tribal college as defined in section 136A.62 and received a state grant under section 136A.121, received a federal Pell grant, or has a student aid index of $0 or less; or new text end

new text begin (3) a public four-year university and received a state grant under section 136A.121, received a federal Pell grant, or has a student aid index of $0 or less. new text end

new text begin Subd. 3. new text end

new text begin Guidance. new text end

new text begin Within three months of the effective date of this section and annually thereafter, the commissioner of human services, in consultation with the commissioner of higher education, must issue guidance to counties, Tribal Nations, Tribal colleges, and Minnesota public postsecondary institutions that: new text end

new text begin (1) clarifies the state and federal eligibility requirements for campus-based employment and training programs for low-income households; new text end

new text begin (2) clarifies the application process for campus-based employment and training programs for low-income households including but not limited to providing a list of the supporting documents required for program approval; new text end

new text begin (3) clarifies how students in an institution of higher education approved as a campus-based employment and training program for low-income households qualify for a SNAP student exemption; and new text end

new text begin (4) clarifies the SNAP eligibility criteria for students that qualify for a SNAP student exemption under this section. new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin Within three months of the effective date of this section, the commissioner of human services, in consultation with the commissioner of higher education, must design an application for institutions of higher education to apply for a campus-based employment and training program designation. new text end

new text begin Subd. 5. new text end

new text begin Notice. new text end

new text begin At the beginning of each academic semester, an institution of higher education with a designated campus-based employment and training program must send a letter to students eligible under this section to inform them that they may qualify for SNAP benefits and direct them to resources to apply. The letter under this subdivision shall serve as proof of a student's enrollment in a campus-based employment and training program. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner of human services must notify the revisor of statutes when federal approval is obtained. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 256E.35, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Eligible educational institution" means the following:

(1) an institution of higher education described in section 101 or 102 of the Higher Education Act of 1965; or

(2) an area vocational education school, as defined in subparagraph (C) or (D) of United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and Applied Technology Education Act), which is located within any state, as defined in United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the extent section 2302 is in effect on August 1, 2008.

(c) "Family asset account" means a savings account opened by a household participating in the Minnesota family assets for independence initiative.

(d) "Fiduciary organization" means:

(1) a community action agency that has obtained recognition under section 256E.31;

(2) a federal community development credit union;

(3) a women-oriented economic development agency;

(4) a federally recognized Tribal Nation; or

(5) a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue Code.

(e) "Financial coach" means a person who:

(1) has completed an intensive financial literacy training workshop that includes curriculum on budgeting to increase savings, debt reduction and asset building, building a good credit rating, and consumer protection;

(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM) network training meetings under FAIM program supervision; and

(3) provides financial coaching to program participants under subdivision 4a.

(f) "Financial institution" means a bank, bank and trust, savings bank, savings association, or credit union, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

(g) "Household" means all individuals who share new text begin finances and new text end use of a dwelling unit as primary quarters for living and eating separate from other individuals.new text begin Sharing finances does not include situations in which a person is living in the same dwelling unit as others without sharing any other financial arrangements.new text end

(h) "Permissible use" means:

(1) postsecondary educational expenses at an eligible educational institution as defined in paragraph (b), including books, supplies, and equipment required for courses of instruction;

(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including any usual or reasonable settlement, financing, or other closing costs;

(3) business capitalization expenses for expenditures on capital, plant, equipment, working capital, and inventory expenses of a legitimate business pursuant to a business plan approved by the fiduciary organization;

(4) acquisition costs of a principal residence within the meaning of section 1034 of the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase price applicable to the residence determined according to section 143(e)(2) and (3) of the Internal Revenue Code of 1986;

(5) acquisition costs of a personal vehicle only if approved by the fiduciary organization;

(6) contributions to an emergency savings account; and

(7) contributions to a Minnesota 529 savings plan.

Sec. 3.

Minnesota Statutes 2022, section 256E.35, subdivision 5, is amended to read:

Subd. 5.

Household eligibility; participation.

(a) To be eligible for deleted text begin state or TANF matching funds indeleted text end the family assets for independence initiative, a household must deleted text begin meet the eligibility requirements of the federal Assets for Independence Act, Public Law 105-285, in Title IV, section 408 of that actdeleted text end new text begin have maximum income that is equal to or less than the greater of:new text end

new text begin (1) 50 percent of the area median income as determined by the United States Department of Housing and Urban Development; or new text end

new text begin (2) 200 percent of the federal poverty guidelinesnew text end .

new text begin (b) To be eligible for state matching funds under this section, a household must meet the requirements of this section. new text end

deleted text begin (b)deleted text end new text begin (c)new text end Each participating household must sign a family asset agreement that includes the amount of scheduled deposits into its savings account, the proposed use, and the proposed savings goal. A participating household must agree to complete an economic literacy training program.

deleted text begin (c)deleted text end new text begin (d)new text end Participating households may only deposit money that is derived from household earned income or from state and federal income tax credits.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 256E.38, subdivision 4, is amended to read:

Subd. 4.

Eligible uses of grant money.

An eligible applicant that receives grant money under this section shall use the money to purchase diapers and wipes and may use up to deleted text begin fourdeleted text end new text begin tennew text end percent of the money for administrative costs.

Sec. 5.

new text begin TRANSFER TO DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES. new text end

new text begin The responsibilities for the campus-based employment and training program for students enrolled in higher education under Minnesota Statutes, section 142F.103, must transfer from the commissioner of human services to the commissioner of children, youth, and families. Minnesota Statutes, section 142F.103, is incorporated into the transfer of duties and responsibilities in Laws 2023, chapter 70, article 12, section 30, and the commissioner shall give the notices of when the transfer is effective as required by Laws 2023, chapter 70, article 12, section 30, subdivision 1. new text end

ARTICLE 14

HOUSING AND HOMELESSNESS

Section 1.

new text begin EMERGENCY SHELTER NEEDS ANALYSIS FOR TRANSGENDER ADULTS EXPERIENCING HOMELESSNESS. new text end

new text begin (a) The commissioner of human services must contract with Propel Nonprofits to conduct a needs analysis for emergency shelter serving transgender adults experiencing homelessness and to conduct site analysis and develop a plan for building the emergency shelter. Propel Nonprofits may contract or consult with other vendors or entities as necessary to complete any portion of the needs analysis and site analysis. new text end

new text begin (b) No later than March 1, 2025, Propel Nonprofits must submit a written report to the commissioner with the results of the needs analysis and preliminary recommendations for site locations. The commissioner must submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over services for persons experiencing homelessness within five business days of receiving the report. new text end

Sec. 2.

new text begin PREGNANT AND PARENTING HOMELESS YOUTH STUDY. new text end

new text begin (a) The commissioner of human services must contract with the Wilder Foundation to conduct a study of: new text end

new text begin (1) the statewide numbers and unique needs of pregnant and parenting youth experiencing homelessness; and new text end

new text begin (2) best practices in supporting pregnant and parenting homeless youth within programming, emergency shelter, and housing settings. new text end

new text begin (b) The Wilder Foundation must submit a final report to the commissioner by December 31, 2025. The commissioner shall submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over homeless youth services finance and policy. new text end

Sec. 3.

new text begin REVIVAL AND REENACTMENT. new text end

new text begin Minnesota Statutes 2022, section 256B.051, subdivision 7, is revived and reenacted effective retroactively from August 1, 2023. Any time frames within or dependent on the subdivision are based on the original effective date in Laws 2017, First Special Session chapter 6, article 2, section 10. 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. 4.

new text begin REPEALER. new text end

new text begin Laws 2023, chapter 25, section 190, subdivision 10, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 15

CHILD CARE LICENSING

Section 1.

new text begin [142B.171] CHILD CARE WEIGHTED RISK SYSTEM. new text end

new text begin Subdivision 1. new text end

new text begin Implementation. new text end

new text begin The commissioner shall develop and implement a child care weighted risk system that provides a tiered licensing enforcement framework for child care licensing requirements in this chapter or Minnesota Rules, chapter 9502 or 9503. new text end

new text begin Subd. 2. new text end

new text begin Documented technical assistance. new text end

new text begin (a) In lieu of a correction order under section 142B.16, the commissioner shall provide documented technical assistance to a family child care or child care center license holder if the commissioner finds that: new text end

new text begin (1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined by the child care weighted risk system; new text end

new text begin (2) the noncompliance does not imminently endanger the health, safety, or rights of the persons served by the program; and new text end

new text begin (3) the license holder did not receive documented technical assistance or a correction order for the same violation at the license holder's most recent annual licensing inspection. new text end

new text begin (b) Documented technical assistance must include communication from the commissioner to the license holder that: new text end

new text begin (1) states the conditions that constitute a violation of a law or rule; new text end

new text begin (2) references the specific law or rule violated; and new text end

new text begin (3) explains remedies for correcting the violation. new text end

new text begin (c) The commissioner shall not publicly publish documented technical assistance on the department's website. new text end

Sec. 2.

Minnesota Statutes 2022, section 245A.065, is amended to read:

245A.065 CHILD CARE FIX-IT TICKET.

new text begin Subdivision 1. new text end

new text begin Fix-it ticket. new text end

(a) In lieu of a correction order under section 245A.06, the commissioner shall issue a fix-it ticket to a family child care or child care center license holder if the commissioner finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it ticket;

(2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program;

(3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder's last licensing inspection;

(4) the violation can be corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays; and

(5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours, excluding Saturdays, Sundays, and holidays.

(b) The fix-it ticket must state:

(1) the conditions that constitute a violation of the law or rule;

(2) the specific law or rule violated; and

(3) that the violation was corrected at the time of inspection or must be corrected within 48 hours, excluding Saturdays, Sundays, and holidays.

(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.

(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it ticket, the license holder must correct the violation and within one week submit evidence to the licensing agency that the violation was corrected.

(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that the license holder corrected the violation, the commissioner must issue a correction order for the violation of Minnesota law or rule identified in the fix-it ticket according to section 245A.06.

new text begin Subd. 2. new text end

new text begin Expiration. new text end

new text begin This section expires upon the implementation of the child care weighted risk system in section 142B.171. The commissioner of children, youth, and families shall notify the revisor of statutes when the system has been implemented. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 245A.50, subdivision 3, is amended to read:

Subd. 3.

First aid.

(a) Before initial licensure and before caring for a child, license holders, second adult caregivers, and substitutes must be trained in pediatric first aid. The first aid training must have been provided by an individual approved to provide first aid instruction. First aid training may be less than eight hours and persons qualified to provide first aid training include individuals approved as first aid instructors. License holders, second adult caregivers, and substitutes must repeat pediatric first aid training every two yearsnew text begin within 90 days of the date the training was previously takennew text end . deleted text begin License holders, second adult caregivers, and substitutes must not let the training expire.deleted text end

(b) Video training reviewed and approved by the county licensing agency satisfies the training requirement of this subdivision.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 245A.50, subdivision 4, is amended to read:

Subd. 4.

Cardiopulmonary resuscitation.

(a) Before initial licensure and before caring for a child, license holders, second adult caregivers, and substitutes must be trained in pediatric cardiopulmonary resuscitation (CPR), including CPR techniques for infants and children, and in the treatment of obstructed airways. The CPR training must have been provided by an individual approved to provide CPR instruction. License holders, second adult caregivers, and substitutes must repeat pediatric CPR training at least once every two yearsnew text begin within 90 days of the date the training was previously taken,new text end and new text begin the training new text end must deleted text begin document the trainingdeleted text end new text begin be documentednew text end in the license holder's records. deleted text begin License holders, second adult caregivers, and substitutes must not let the training expire.deleted text end

(b) Persons providing CPR training must use CPR training that has been developed:

(1) by the American Heart Association or the American Red Cross and incorporates psychomotor skills to support the instruction; or

(2) using nationally recognized, evidence-based guidelines for CPR training and incorporates psychomotor skills to support the instruction.

ARTICLE 16

DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES

Section 1.

Minnesota Statutes 2022, section 125A.63, subdivision 5, is amended to read:

Subd. 5.

Statewide hearing loss early education intervention coordinator.

(a) The coordinator shall:

(1) collaborate with the early hearing detection and intervention coordinator for the Department of Health, deaf and hard-of-hearing state specialist, and the Department of Health Early Hearing Detection and Intervention Advisory Council;

(2) coordinate and support Department of Education new text begin and Department of Children, Youth, and Families new text end early hearing detection and intervention teams;

(3) leverage resources by serving as a liaison between interagency early intervention committees; part C coordinators from the Departments of Education, Health, and Human Services; Department of Education regional low-incidence facilitators; service coordinators from school districts; Minnesota children with special health needs in the Department of Health; public health nurses; child find; Department of Human Services Deaf and Hard-of-Hearing Services Division; and others as appropriate;

(4) identify, support, and promote culturally appropriate and evidence-based early intervention practices for infants with hearing loss, and provide training, outreach, and use of technology to increase consistency in statewide service provision;

(5) identify culturally appropriate specialized reliable and valid instruments to assess and track the progress of children with hearing loss and promote their use;

(6) ensure that early childhood providers, parents, and members of the individual family service and intervention plan are provided with child progress data resulting from specialized assessments;

(7) educate early childhood providers and teachers of the deaf and hard-of-hearing to use developmental data from specialized assessments to plan and adjust individual family service plans; and

(8) make recommendations that would improve educational outcomes to the early hearing detection and intervention committee, the commissioners of educationnew text begin ; children, youth, and families;new text end and health, the Commission of the Deaf, DeafBlind and Hard of Hearing, and the advisory council for the deaf and hard-of-hearing.

(b) The Department of Education new text begin and Department of Children, Youth, and Families new text end must provide aggregate data regarding outcomes of deaf and hard-of-hearing children who receive early intervention services within the state in accordance with the state performance plan.

Sec. 2.

new text begin [142A.045] CHILDREN, YOUTH, AND FAMILIES INTERGOVERNMENTAL ADVISORY COMMITTEE. new text end

new text begin (a) An intergovernmental advisory committee is established to provide advice, consultation, and recommendations to the commissioner on the planning, design, administration, funding, and evaluation of services to children, youth, and families. Each of Minnesota's federally recognized Tribal Nations may, but is not required to, participate in the advisory committee required under this section. Notwithstanding section 15.059, the commissioner, each participating Tribal Nation, the Association of Minnesota Counties, and the Minnesota Association of County Social Services Administrators must codevelop and execute a process to administer the committee that ensures each participating Tribal Nation and each county are represented. The committee must meet at least quarterly and special meetings may be called by the committee chair or a majority of the members. A Tribal Nation may elect to participate at any time. new text end

new text begin (b) Subject to section 15.059, the commissioner may reimburse committee members or their alternates for allowable expenses while engaged in their official duties as committee members. new text end

new text begin (c) Notwithstanding section 15.059, the intergovernmental advisory committee does not expire. new text end

new text begin (d) In addition to the requirements under this section, the commissioner must implement a Tribal consultation process under section 10.65 to ensure recognition of the unique legal relationship between the state of Minnesota and Minnesota Tribal governments. new text end

Sec. 3.

new text begin [142B.47] TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS. new text end

new text begin (a) Licensed child foster care providers that care for infants or children through five years of age must document that before caregivers assist in the care of infants or children through five years of age, they are instructed on the standards in section 142B.46 and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. This section does not apply to emergency relative placement under section 142B.06. The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as: new text end

new text begin (1) orientation training to child foster care providers who care for infants or children through five years of age under Minnesota Rules, part 2960.3070, subpart 1; or new text end

new text begin (2) in-service training to child foster care providers who care for infants or children through five years of age under Minnesota Rules, part 2960.3070, subpart 2. new text end

new text begin (b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma. new text end

new text begin (c) Training for child foster care providers must be approved by the county or private licensing agency that is responsible for monitoring the child foster care provider under section 142B.30. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070. new text end

Sec. 4.

Minnesota Statutes 2022, section 144.966, subdivision 2, is amended to read:

Subd. 2.

Newborn Hearing Screening Advisory Committee.

(a) The commissioner of health shall establish a Newborn Hearing Screening Advisory Committee to advise and assist the Department of Healthnew text begin ; Department of Children, Youth, and Families;new text end and the Department of Education in:

(1) developing protocols and timelines for screening, rescreening, and diagnostic audiological assessment and early medical, audiological, and educational intervention services for children who are deaf or hard-of-hearing;

(2) designing protocols for tracking children from birth through age three that may have passed newborn screening but are at risk for delayed or late onset of permanent hearing loss;

(3) designing a technical assistance program to support facilities implementing the screening program and facilities conducting rescreening and diagnostic audiological assessment;

(4) designing implementation and evaluation of a system of follow-up and tracking; and

(5) evaluating program outcomes to increase effectiveness and efficiency and ensure culturally appropriate services for children with a confirmed hearing loss and their families.

(b) The commissioner of health shall appoint at least one member from each of the following groups with no less than two of the members being deaf or hard-of-hearing:

(1) a representative from a consumer organization representing culturally deaf persons;

(2) a parent with a child with hearing loss representing a parent organization;

(3) a consumer from an organization representing oral communication options;

(4) a consumer from an organization representing cued speech communication options;

(5) an audiologist who has experience in evaluation and intervention of infants and young children;

(6) a speech-language pathologist who has experience in evaluation and intervention of infants and young children;

(7) two primary care providers who have experience in the care of infants and young children, one of which shall be a pediatrician;

(8) a representative from the early hearing detection intervention teams;

(9) a representative from the Department of Education resource center for the deaf and hard-of-hearing or the representative's designee;

(10) a representative of the Commission of the Deaf, DeafBlind and Hard of Hearing;

(11) a representative from the Department of Human Services Deaf and Hard-of-Hearing Services Division;

(12) one or more of the Part C coordinators from the Department of Educationdeleted text begin ,deleted text end new text begin ;new text end the Department of Healthdeleted text begin ,deleted text end new text begin ; the Department of Children, Youth, and Families;new text end or the Department of Human Services or the department's designees;

(13) the Department of Health early hearing detection and intervention coordinators;

(14) two birth hospital representatives from one rural and one urban hospital;

(15) a pediatric geneticist;

(16) an otolaryngologist;

(17) a representative from the Newborn Screening Advisory Committee under this subdivision;

(18) a representative of the Department of Education regional low-incidence facilitators;

(19) a representative from the deaf mentor program; and

(20) a representative of the Minnesota State Academy for the Deaf from the Minnesota State Academies staff.

The commissioner must complete the initial appointments required under this subdivision by September 1, 2007, and the initial appointments under clauses (19) and (20) by September 1, 2019.

(c) The Department of Health member shall chair the first meeting of the committee. At the first meeting, the committee shall elect a chair from its membership. The committee shall meet at the call of the chair, at least four times a year. The committee shall adopt written bylaws to govern its activities. The Department of Health shall provide technical and administrative support services as required by the committee. These services shall include technical support from individuals qualified to administer infant hearing screening, rescreening, and diagnostic audiological assessments.

Members of the committee shall receive no compensation for their service, but shall be reimbursed as provided in section 15.059 for expenses incurred as a result of their duties as members of the committee.

(d) By February 15, 2015, and by February 15 of the odd-numbered years after that date, the commissioner shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and data privacy on the activities of the committee that have occurred during the past two years.

(e) This subdivision expires June 30, 2025.

Sec. 5.

Minnesota Statutes 2022, section 245.975, subdivision 2, is amended to read:

Subd. 2.

Duties.

(a) The ombudsperson's duties shall include:

(1) advocating on behalf of a family child care provider to address all areas of concern related to the provision of child care services, including licensing monitoring activities, licensing actions, and other interactions with state and county licensing staff;

(2) providing recommendations for family child care improvement or family child care provider education;

(3) operating a telephone line to answer questions, receive complaints, and discuss agency actions when a family child care provider believes that the provider's rights or program may have been adversely affected; and

(4) assisting a family child care license applicant with navigating the application process.

(b) The ombudsperson must report annually by December 31 to the commissioner new text begin of children, youth, and families new text end and the chairs and ranking minority members of the legislative committees with jurisdiction over child care on the services provided by the ombudsperson to child care providers, including the number and locations of child care providers served and the activities of the ombudsperson in carrying out the duties under this section. The commissioner shall determine the form of the report and may specify additional reporting requirements.

Sec. 6.

Minnesota Statutes 2022, section 245.975, subdivision 4, is amended to read:

Subd. 4.

Access to records.

(a) The ombudsperson or designee, excluding volunteers, has access to any data of a state agency necessary for the discharge of the ombudsperson's duties, including records classified as confidential data on individuals or private data on individuals under chapter 13 or any other law. The ombudsperson's data request must relate to a specific case and is subject to section 13.03, subdivision 4. If the data concerns an individual, the ombudsperson or designee shall first obtain the individual's consent. If the individual is unable to consent and has no parent or legal guardian, then the ombudsperson's or designee's access to the data is authorized by this section.

(b) The ombudsperson and designees must adhere to the Minnesota Government Data Practices Act and must not disseminate any private or confidential data on individuals unless specifically authorized by state, local, or federal law or pursuant to a court order.

(c) The commissioner new text begin of human services; the commissioner of children, youth, and families; new text end and any county agency must provide the ombudsperson copies of all fix-it tickets, correction orders, and licensing actions issued to family child care providers.

Sec. 7.

Minnesota Statutes 2022, section 245.975, subdivision 9, is amended to read:

Subd. 9.

Posting.

(a) The commissionernew text begin of children, youth, and familiesnew text end shall post on the department's website the mailing address, email address, and telephone number for the office of the ombudsperson. The commissioner shall provide family child care providers with the mailing address, email address, and telephone number of the ombudsperson's office on the family child care licensing website and upon request of a family child care applicant or provider. Counties must provide family child care applicants and providers with the name, mailing address, email address, and telephone number of the ombudsperson's office upon request.

(b) The ombudsperson must approve all postings and notices required by the department and counties under this subdivision.

Sec. 8.

Minnesota Statutes 2022, section 245A.10, subdivision 1, as amended by Laws 2024, chapter 80, article 2, section 48, is amended to read:

Subdivision 1.

Application or license fee required, programs exempt from fee.

(a) Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation of applications and inspection of programs which are licensed under this chapter.

(b) Except as provided under subdivision 2, no application or license fee shall be charged for new text begin a child foster residence setting, new text end adult foster carenew text begin ,new text end or a community residential setting.

Sec. 9.

Minnesota Statutes 2022, section 245A.10, subdivision 2, as amended by Laws 2024, chapter 80, article 2, section 49, is amended to read:

Subd. 2.

County fees for applications and licensing inspections.

(a) For purposes of adult foster care new text begin and child foster residence setting new text end licensing and licensing the physical plant of a community residential setting, under this chapter, a county agency may charge a fee to a corporate applicant or corporate license holder to recover the actual cost of licensing inspections, not to exceed $500 annually.

(b) Counties may elect to reduce or waive the fees in paragraph (a) under the following circumstances:

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area; or

(3) for new providers.

Sec. 10.

Minnesota Statutes 2022, section 245A.144, is amended to read:

245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five years of age must document that before staff persons deleted text begin and caregiversdeleted text end assist in the care of infants or children through five years of age, they are instructed on the standards in section deleted text begin 245A.1435deleted text end new text begin 142B.46 new text end and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. deleted text begin This section does not apply to emergency relative placement under section 245A.035.deleted text end The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as:

(1) orientation training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma.

(c) Training for child foster care providers must be approved by the county deleted text begin or private licensing agencydeleted text end that is responsible for monitoring the child foster care provider under section 245A.16. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070.

Sec. 11.

Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 1, as amended by Laws 2024, chapter 80, article 2, section 65, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies that have been designated by the commissioner to perform licensing functions and activities under section 245A.04; to recommend denial of applicants under section 245A.05; to issue correction orders, to issue variances, and recommend a conditional license under section 245A.06; or to recommend suspending or revoking a license or issuing a fine under section 245A.07, shall comply with rules and directives of the commissioner governing those functions and with this section. The following variances are excluded from the delegation of variance authority and may be issued only by the commissioner:

(1) deleted text begin dual licensure of family child foster care and family adult foster care,deleted text end dual licensure of child foster residence setting and community residential settingdeleted text begin , and dual licensure of family adult foster care and family child caredeleted text end ;

(2) new text begin until the responsibility for family child foster care transfers to the commissioner of children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of family child foster care and family adult foster care;new text end

new text begin (3) until the responsibility for family child care transfers to the commissioner of children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of family adult foster care and family child care; new text end

new text begin (4) new text end adult foster care maximum capacity;

deleted text begin (3)deleted text end new text begin (5)new text end adult foster care minimum age requirement;

deleted text begin (4)deleted text end new text begin (6)new text end child foster care maximum age requirement;

deleted text begin (5)deleted text end new text begin (7)new text end variances regarding disqualified individuals;

deleted text begin (6)deleted text end new text begin (8)new text end the required presence of a caregiver in the adult foster care residence during normal sleeping hours;

deleted text begin (7)deleted text end new text begin (9)new text end variances to requirements relating to chemical use problems of a license holder or a household member of a license holder; and

deleted text begin (8)deleted text end new text begin (10)new text end variances to section 142B.46 for the use of a cradleboard for a cultural accommodation.

new text begin (b) Once the respective responsibilities transfer from the commissioner of human services to the commissioner of children, youth, and families, under Laws 2023, chapter 70, article 12, section 30, the commissioners of human services and children, youth, and families must both approve a variance for dual licensure of family child foster care and family adult foster care or family adult foster care and family child care. Variances under this paragraph are excluded from the delegation of variance authority and may be issued only by both commissioners. new text end

deleted text begin (b)deleted text end new text begin (c)new text end For family adult day services programs, the commissioner may authorize licensing reviews every two years after a licensee has had at least one annual review.

deleted text begin (c)deleted text end new text begin (d)new text end A license issued under this section may be issued for up to two years.

deleted text begin (d)deleted text end new text begin (e)new text end During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties through which some licensing duties under chapter 245D may be delegated by the commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective action plan ordered by the federal Centers for Medicare and Medicaid Services.

deleted text begin (e)deleted text end new text begin (f)new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, for family child foster care programs providing out-of-home respite, as identified in section 245D.03, subdivision 1, paragraph (b), clause (1), is excluded from the delegation of authority to county agencies.

Sec. 12.

Minnesota Statutes 2022, section 245A.175, is amended to read:

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and deleted text begin caregivers in foster family and treatment foster care settings,deleted text end and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the deleted text begin foster family license holder and caregivers, anddeleted text end foster residence staff must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. deleted text begin Short-term substitute caregivers are exempt from these requirements.deleted text end Training curriculum shall be approved by the commissioner of human services.

Sec. 13.

Minnesota Statutes 2023 Supplement, section 245A.66, subdivision 4, as amended by Laws 2024, chapter 80, article 2, section 73, is amended to read:

Subd. 4.

Ongoing training requirement.

new text begin (a) new text end In addition to the orientation training required by the applicable licensing rules and statutes, children's residential facility license holders must provide a training annually on the maltreatment of minors reporting requirements and definitions in chapter 260E to each mandatory reporter, as described in section 260E.06, subdivision 1.

new text begin (b) In addition to the orientation training required by the applicable licensing rules and statutes, all foster residence setting staff and volunteers that are mandatory reporters as described in section 260E.06, subdivision 1, must complete training each year on the maltreatment of minors reporting requirements and definitions in chapter 260E. new text end

Sec. 14.

Minnesota Statutes 2022, section 256.029, as amended by Laws 2024, chapter 80, article 1, section 66, is amended to read:

256.029 DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.

(a) The commissioner shall provide a domestic violence informational brochure that provides information about the existence of domestic violence waivers for eligible public assistance applicants to all applicants of general assistance, medical assistance, and MinnesotaCare. The brochure must explain that eligible applicants may be temporarily waived from certain program requirements due to domestic violence. The brochure must provide information about services and other programs to help victims of domestic violence.

(b) The brochure must be funded with TANF funds.

new text begin (c) The commissioner must work with the commissioner of children, youth, and families to create a brochure that meets the requirements of this section and section 142G.05. new text end

Sec. 15.

Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3, is amended to read:

Subd. 3.

Appropriations from registration and license fee account.

(a) The appropriations in paragraphs (b) to (n) shall be made from the registration and license fee account on a fiscal year basis in the order specified.

(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs (b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be made accordingly.

(c) $100,000 is appropriated to the commissioner of human services for grants for opiate antagonist distribution. Grantees may utilize funds for opioid overdose prevention, community asset mapping, education, and opiate antagonist distribution.

(d) $2,000,000 is appropriated to the commissioner of human services for grants to Tribal nations and five urban Indian communities for traditional healing practices for American Indians and to increase the capacity of culturally specific providers in the behavioral health workforce.

(e) $400,000 is appropriated to the commissioner of human services for competitive grants for opioid-focused Project ECHO programs.

(f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the commissioner of human services to administer the funding distribution and reporting requirements in paragraph (o).

(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated to the commissioner of human services for safe recovery sites start-up and capacity building grants under section 254B.18.

(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to the commissioner of human services for the opioid overdose surge alert system under section 245.891.

(i) $300,000 is appropriated to the commissioner of management and budget for evaluation activities under section 256.042, subdivision 1, paragraph (c).

(j) $261,000 is appropriated to the commissioner of human services for the provision of administrative services to the Opiate Epidemic Response Advisory Council and for the administration of the grants awarded under paragraph (n).

(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration fees under section 151.066.

(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.

(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining amount is appropriated to the commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end for distribution to county social service agencies and Tribal social service agency initiative projects authorized under section 256.01, subdivision 14b, to provide child protection services to children and families who are affected by addiction. The commissioner shall distribute this money proportionally to county social service agencies and Tribal social service agency initiative projects based on out-of-home placement episodes where parental drug abuse is the primary reason for the out-of-home placement using data from the previous calendar year. County social service agencies and Tribal social service agency initiative projects receiving funds from the opiate epidemic response fund must annually report to the commissioner on how the funds were used to provide child protection services, including measurable outcomes, as determined by the commissioner. County social service agencies and Tribal social service agency initiative projects must not use funds received under this paragraph to supplant current state or local funding received for child protection services for children and families who are affected by addiction.

(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in the account is appropriated to the commissioner of human services to award grants as specified by the Opiate Epidemic Response Advisory Council in accordance with section 256.042, unless otherwise appropriated by the legislature.

(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service agencies and Tribal social service agency initiative projects under paragraph (m) and grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n) may be distributed on a calendar year basis.

(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs (c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.

Sec. 16.

Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3a, is amended to read:

Subd. 3a.

Appropriations from settlement account.

(a) The appropriations in paragraphs (b) to (e) shall be made from the settlement account on a fiscal year basis in the order specified.

(b) If the balance in the registration and license fee account is not sufficient to fully fund the appropriations specified in subdivision 3, paragraphs (b) to (l), an amount necessary to meet any insufficiency shall be transferred from the settlement account to the registration and license fee account to fully fund the required appropriations.

(c) $209,000 in fiscal year 2023 and $239,000 in fiscal year 2024 and subsequent fiscal years are appropriated to the commissioner of human services for the administration of grants awarded under paragraph (e). $276,000 in fiscal year 2023 and $151,000 in fiscal year 2024 and subsequent fiscal years are appropriated to the commissioner of human services to collect, collate, and report data submitted and to monitor compliance with reporting and settlement expenditure requirements by grantees awarded grants under this section and municipalities receiving direct payments from a statewide opioid settlement agreement as defined in section 256.042, subdivision 6.

(d) After any appropriations necessary under paragraphs (b) and (c) are made, an amount equal to the calendar year allocation to Tribal social service agency initiative projects under subdivision 3, paragraph (m), is appropriated from the settlement account to the commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end for distribution to Tribal social service agency initiative projects to provide child protection services to children and families who are affected by addiction. The requirements related to proportional distribution, annual reporting, and maintenance of effort specified in subdivision 3, paragraph (m), also apply to the appropriations made under this paragraph.

(e) After making the appropriations in paragraphs (b), (c), and (d), the remaining amount in the account is appropriated to the commissioner of human services to award grants as specified by the Opiate Epidemic Response Advisory Council in accordance with section 256.042.

(f) Funds for Tribal social service agency initiative projects under paragraph (d) and grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph (e) may be distributed on a calendar year basis.

(g) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs (d) and (e) are available for three years after the funds are appropriated.

Sec. 17.

Minnesota Statutes 2023 Supplement, section 256.045, subdivision 3, as amended by Laws 2024, chapter 79, article 3, section 3, and Laws 2024, chapter 80, article 1, section 67, is amended to read:

Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person:

(i) applying for, receiving or having received public assistance, medical care, or a program of social services administered by the commissioner or a county agency on behalf of the commissioner; and

(ii) whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section 252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a lead investigative agency to have maltreated a vulnerable adult under section 626.557 after they have exercised their right to administrative reconsideration under section 626.557;

(5) any person to whom a right of appeal according to this section is given by other provision of law;

(6) an applicant aggrieved by an adverse decision to an application for a hardship waiver under section 256B.15;

(7) an applicant aggrieved by an adverse decision to an application or redetermination for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

new text begin (8) except as provided under chapter 245A, an individual or facility determined to have maltreated a minor under chapter 260E, after the individual or facility has exercised the right to administrative reconsideration under chapter 260E; new text end

deleted text begin (8)deleted text end new text begin (9)new text end except as provided under chapter 245C deleted text begin and except for a subject of a background study that the commissioner has conducted on behalf of another agency for a program or facility not otherwise overseen by the commissionerdeleted text end , an individual disqualified under sections 245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, on the basis of serious or recurring maltreatment; a preponderance of the evidence that the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment determination under clause (4) or (8) deleted text begin or section 142A.20, subdivision 3, clause (4)deleted text end , and a disqualification under this clause in which the basis for a disqualification is serious or recurring maltreatment, shall be consolidated into a single fair hearing. In such cases, the scope of review by the human services judge shall include both the maltreatment determination and the disqualification. The failure to exercise the right to an administrative reconsideration shall not be a bar to a hearing under this section if federal law provides an individual the right to a hearing to dispute a finding of maltreatment;

deleted text begin (9)deleted text end new text begin (10)new text end any person with an outstanding debt resulting from receipt of public assistance administered by the commissioner or medical care who is contesting a setoff claim by the Department of Human Services or a county agency. The scope of the appeal is the validity of the claimant agency's intention to request a setoff of a refund under chapter 270A against the debt;

deleted text begin (10)deleted text end new text begin (11)new text end a person issued a notice of service termination under section 245D.10, subdivision 3a, by a licensed provider of any residential supports or services listed in section 245D.03, subdivision 1, paragraphs (b) and (c), that is not otherwise subject to appeal under subdivision 4a;

deleted text begin (11)deleted text end new text begin (12)new text end an individual disability waiver recipient based on a denial of a request for a rate exception under section 256B.4914;

deleted text begin (12)deleted text end new text begin (13)new text end a person issued a notice of service termination under section 245A.11, subdivision 11, that is not otherwise subject to appeal under subdivision 4a; or

deleted text begin (13)deleted text end new text begin (14)new text end a recovery community organization seeking medical assistance vendor eligibility under section 254B.01, subdivision 8, that is aggrieved by a membership or accreditation determination and that believes the organization meets the requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10). The scope of the review by the human services judge shall be limited to whether the organization meets each of the requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10).

(b) The hearing for an individual or facility under paragraph (a), clause (4), (8), or (9), is the only administrative appeal to the final agency determination specifically, including a challenge to the accuracy and completeness of data under section 13.04. Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a contested case proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), clause (8), apply only to incidents of maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility under paragraph (a), clause (4), (8), or (9), is only available when there is no district court action pending. If such action is filed in district court while an administrative review is pending that arises out of some or all of the events or circumstances on which the appeal is based, the administrative review must be suspended until the judicial actions are completed. If the district court proceedings are completed, dismissed, or overturned, the matter may be considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an administrative appeal.

new text begin (d) The scope of hearings involving claims to foster care payments under section 142A.20, subdivision 2, clause (2), shall be limited to the issue of whether the county is legally responsible for a child's placement under court order or voluntary placement agreement and, if so, the correct amount of foster care payment to be made on the child's behalf and shall not include review of the propriety of the county's child protection determination or child placement decision. new text end

deleted text begin (d)deleted text end new text begin (e)new text end The scope of hearings under paragraph (a), clauses (11) and (13), shall be limited to whether the proposed termination of services is authorized under section 245D.10, subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, paragraphs (d) and (e), were met. If the appeal includes a request for a temporary stay of termination of services, the scope of the hearing shall also include whether the case management provider has finalized arrangements for a residential facility, a program, or services that will meet the assessed needs of the recipient by the effective date of the service termination.

deleted text begin (e)deleted text end new text begin (f)new text end A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services is not a party and may not request a hearing under this section, except if assisting a recipient as provided in subdivision 4.

deleted text begin (f)deleted text end new text begin (g)new text end An applicant or recipient is not entitled to receive social services beyond the services prescribed under chapter 256M or other social services the person is eligible for under state law.

deleted text begin (g)deleted text end new text begin (h)new text end The commissioner may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law, except in matters covered by paragraph deleted text begin (h)deleted text end new text begin (i)new text end .

deleted text begin (h)deleted text end new text begin (i)new text end When the subject of an administrative review is a matter within the jurisdiction of the direct care and treatment executive board as a part of the board's powers and duties under chapter 246C, the executive board may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law.

deleted text begin (i)deleted text end new text begin (j)new text end Unless federal or Minnesota law specifies a different time frame in which to file an appeal, an individual or organization specified in this section may contest the specified action, decision, or final disposition before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action, decision, or final disposition, or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 13, why the request was not submitted within the 30-day time limit. The individual filing the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 18.

Minnesota Statutes 2022, section 256.045, subdivision 3b, as amended by Laws 2024, chapter 80, article 1, section 68, is amended to read:

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a) The state human services judge shall determine that maltreatment has occurred if a preponderance of evidence exists to support the final disposition under section 626.557 and chapter 260E. For purposes of hearings regarding disqualification, the state human services judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.557 or chapter 260E that is serious or recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.557 or chapter 260E, for incidents in which the final disposition under section 626.557 or chapter 260E was substantiated maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services judge shall determine whether the individual poses a risk of harm in accordance with the requirements of section 245C.22, and whether the disqualification should be set aside or not set aside. In determining whether the disqualification should be set aside, the human services judge shall consider all of the characteristics that cause the individual to be disqualified, including those characteristics that were not subject to review under paragraph (a), in order to determine whether the individual poses a risk of harm. A decision to set aside a disqualification that is the subject of the hearing constitutes a determination that the individual does not pose a risk of harm and that the individual may provide direct contact services in the individual program specified in the set aside.

(c) If a disqualification is based solely on a conviction or is conclusive for any reason under section 245C.29, the disqualified individual does not have a right to a hearing under this section.

(d) The state human services judge shall recommend an order to the commissioner of healthdeleted text begin ,deleted text end new text begin ;new text end educationdeleted text begin ,deleted text end new text begin ; children, youth, and families;new text end or human services, as applicable, who shall issue a final order. The commissioner shall affirm, reverse, or modify the final disposition. Any order of the commissioner issued in accordance with this subdivision is conclusive upon the parties unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the commissioner's determination as to maltreatment is conclusive, as provided under section 245C.29.

Sec. 19.

Minnesota Statutes 2022, section 256.045, subdivision 5, as amended by Laws 2024, chapter 79, article 3, section 4, is amended to read:

Subd. 5.

Orders of the commissioner of human services.

(a) Except as provided for under subdivision 5a for matters under the jurisdiction of the direct care and treatment executive boardnew text begin and for hearings held under section 142A.20, subdivision 2new text end , a state human services judge shall conduct a hearing on the appeal and shall recommend an order to the commissioner of human services. The recommended order must be based on all relevant evidence and must not be limited to a review of the propriety of the state or county agency's action. A human services judge may take official notice of adjudicative facts. The commissioner of human services may accept the recommended order of a state human services judge and issue the order to the county agency and the applicant, recipient, former recipient, or prepaid health plan. The commissioner on refusing to accept the recommended order of the state human services judge, shall notify the petitioner, the agency, or prepaid health plan of that fact and shall state reasons therefor and shall allow each party ten days' time to submit additional written argument on the matter. After the expiration of the ten-day period, the commissioner shall issue an order on the matter to the petitioner, the agency, or prepaid health plan.

(b) A party aggrieved by an order of the commissioner may appeal under subdivision 7, or request reconsideration by the commissioner within 30 days after the date the commissioner issues the order. The commissioner may reconsider an order upon request of any party or on the commissioner's own motion. A request for reconsideration does not stay implementation of the commissioner's order. The person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered. The request for reconsideration may include legal argument and proposed additional evidence supporting the request. If proposed additional evidence is submitted, the person must explain why the proposed additional evidence was not provided at the time of the hearing. If reconsideration is granted, the other participants must be sent a copy of all material submitted in support of the request for reconsideration and must be given ten days to respond. Upon reconsideration, the commissioner may issue an amended order or an order affirming the original order.

(c) Any order of the commissioner issued under this subdivision shall be conclusive upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order of the commissioner is binding on the parties and must be implemented by the state agency, a county agency, or a prepaid health plan according to subdivision 3a, until the order is reversed by the district court, or unless the commissioner or a district court orders monthly assistance or aid or services paid or provided under subdivision 10.

(d) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services is not a party and may not request a hearing or seek judicial review of an order issued under this section, unless assisting a recipient as provided in subdivision 4. A prepaid health plan is a party to an appeal under subdivision 3a, but cannot seek judicial review of an order issued under this section.

Sec. 20.

Minnesota Statutes 2022, section 256.045, subdivision 7, as amended by Laws 2024, chapter 79, article 3, section 7, is amended to read:

Subd. 7.

Judicial review.

Except for a prepaid health plan, any party who is aggrieved by an order of the commissioner of human servicesdeleted text begin ,deleted text end new text begin ;new text end the commissioner of healthnew text begin ; or the commissioner of children, youth, and familiesnew text end in appeals within the commissioner's jurisdiction under subdivision 3bdeleted text begin ,deleted text end new text begin ;new text end or the direct care and treatment executive board in appeals within the jurisdiction of the executive board under subdivision 5a may appeal the order to the district court of the county responsible for furnishing assistance, or, in appeals under subdivision 3b, the county where the maltreatment occurred, by serving a written copy of a notice of appeal upon the applicable commissioner or executive board and any adverse party of record within 30 days after the date the commissioner or executive board issued the order, the amended order, or order affirming the original order, and by filing the original notice and proof of service with the court administrator of the district court. Service may be made personally or by mail; service by mail is complete upon mailing; no filing fee shall be required by the court administrator in appeals taken pursuant to this subdivision, with the exception of appeals taken under subdivision 3b. The applicable commissioner or executive board may elect to become a party to the proceedings in the district court. Except for appeals under subdivision 3b, any party may demand that the commissioner or executive board furnish all parties to the proceedings with a copy of the decision, and a transcript of any testimony, evidence, or other supporting papers from the hearing held before the human services judge, by serving a written demand upon the applicable commissioner or executive board within 30 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse party to obey an order issued by the commissioner or executive board under subdivisions 5 or 5a may compel performance according to the order in the manner prescribed in sections 586.01 to 586.12.

Sec. 21.

Minnesota Statutes 2022, section 256.0451, subdivision 1, as amended by Laws 2024, chapter 80, article 1, section 72, is amended to read:

Subdivision 1.

Scope.

(a) The requirements in this section apply to all fair hearings and appeals under deleted text begin sectiondeleted text end new text begin sections 142A.20, subdivision 2, andnew text end 256.045, subdivision 3, paragraph (a), clauses (1), (2), (3), (5), (6), (7), deleted text begin (8), (11)deleted text end new text begin (10)new text end , and deleted text begin (13)deleted text end new text begin (12)new text end . Except as provided in subdivisions 3 and 19, the requirements under this section apply to fair hearings and appeals under section 256.045, subdivision 3, paragraph (a), clauses (4),new text begin (8),new text end (9), deleted text begin (10),deleted text end and deleted text begin (12)deleted text end new text begin (11)new text end .

(b) For purposes of this section, "person" means an individual who, on behalf of themselves or their household, is appealing or disputing or challenging an action, a decision, or a failure to act, by an agency in the human services system. When a person involved in a proceeding under this section is represented by an attorney or by an authorized representative, the term "person" also means the person's attorney or authorized representative. Any notice sent to the person involved in the hearing must also be sent to the person's attorney or authorized representative.

(c) For purposes of this section, "agency" means the county human services agency, the state human services agency, and, where applicable, any entity involved under a contract, subcontract, grant, or subgrant with the state agency or with a county agency, that provides or operates programs or services in which appeals are governed by section 256.045.

Sec. 22.

Minnesota Statutes 2022, section 256.0451, subdivision 22, is amended to read:

Subd. 22.

Decisions.

A timely, written decision must be issued in every appeal. Each decision must contain a clear ruling on the issues presented in the appeal hearing and should contain a ruling only on questions directly presented by the appeal and the arguments raised in the appeal.

(a) A written decision must be issued within 90 days of the date the person involved requested the appeal unless a shorter time is required by law. An additional 30 days is provided in those cases where the commissioner refuses to accept the recommended decision. In appeals of maltreatment determinations or disqualifications filed pursuant to section 256.045, subdivision 3, paragraph (a), clause (4),new text begin (8), ornew text end (9), deleted text begin or (10),deleted text end that also give rise to possible licensing actions, the 90-day period for issuing final decisions does not begin until the later of the date that the licensing authority provides notice to the appeals division that the authority has made the final determination in the matter or the date the appellant files the last appeal in the consolidated matters.

(b) The decision must contain both findings of fact and conclusions of law, clearly separated and identified. The findings of fact must be based on the entire record. Each finding of fact made by the human services judge shall be supported by a preponderance of the evidence unless a different standard is required under the regulations of a particular program. The "preponderance of the evidence" means, in light of the record as a whole, the evidence leads the human services judge to believe that the finding of fact is more likely to be true than not true. The legal claims or arguments of a participant do not constitute either a finding of fact or a conclusion of law, except to the extent the human services judge adopts an argument as a finding of fact or conclusion of law.

The decision shall contain at least the following:

(1) a listing of the date and place of the hearing and the participants at the hearing;

(2) a clear and precise statement of the issues, including the dispute under consideration and the specific points which must be resolved in order to decide the case;

(3) a listing of the material, including exhibits, records, reports, placed into evidence at the hearing, and upon which the hearing decision is based;

(4) the findings of fact based upon the entire hearing record. The findings of fact must be adequate to inform the participants and any interested person in the public of the basis of the decision. If the evidence is in conflict on an issue which must be resolved, the findings of fact must state the reasoning used in resolving the conflict;

(5) conclusions of law that address the legal authority for the hearing and the ruling, and which give appropriate attention to the claims of the participants to the hearing;

(6) a clear and precise statement of the decision made resolving the dispute under consideration in the hearing; and

(7) written notice of the right to appeal to district court or to request reconsideration, and of the actions required and the time limits for taking appropriate action to appeal to district court or to request a reconsideration.

(c) The human services judge shall not independently investigate facts or otherwise rely on information not presented at the hearing. The human services judge may not contact other agency personnel, except as provided in subdivision 18. The human services judge's recommended decision must be based exclusively on the testimony and evidence presented at the hearing, and legal arguments presented, and the human services judge's research and knowledge of the law.

(d) The commissioner will review the recommended decision and accept or refuse to accept the decision according to sectionnew text begin 142A.20, subdivision 3, ornew text end 256.045, subdivision 5.

Sec. 23.

Minnesota Statutes 2022, section 256.0451, subdivision 24, is amended to read:

Subd. 24.

Reconsideration.

(a) Reconsideration may be requested within 30 days of the date of the commissioner's final order. If reconsideration is requested under sectionnew text begin 142A.20, subdivision 3, ornew text end 256.045, subdivision 5, the other participants in the appeal shall be informed of the request. The person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered. The request for reconsideration may include legal argument and may include proposed additional evidence supporting the request. The other participants shall be sent a copy of all material submitted in support of the request for reconsideration and must be given ten days to respond.

(b) When the requesting party raises a question as to the appropriateness of the findings of fact, the commissioner shall review the entire record.

(c) When the requesting party questions the appropriateness of a conclusion of law, the commissioner shall consider the recommended decision, the decision under reconsideration, and the material submitted in connection with the reconsideration. The commissioner shall review the remaining record as necessary to issue a reconsidered decision.

(d) The commissioner shall issue a written decision on reconsideration in a timely fashion. The decision must clearly inform the parties that this constitutes the final administrative decision, advise the participants of the right to seek judicial review, and the deadline for doing so.

Sec. 24.

Minnesota Statutes 2022, section 256.046, subdivision 2, as amended by Laws 2024, chapter 80, article 1, section 75, is amended to read:

Subd. 2.

Combined hearing.

deleted text begin (a)deleted text end The human services judge may combine a fair hearing under section 142A.20 or 256.045 and administrative fraud disqualification hearing under this section or section 142A.27 into a single hearing if the factual issues arise out of the same, or related, circumstancesdeleted text begin ; the commissioner of human services has jurisdiction over at least one of the hearings;deleted text end and the individual receives prior notice that the hearings will be combined. If the administrative fraud disqualification hearing and fair hearing are combined, the time frames for administrative fraud disqualification hearings specified in Code of Federal Regulations, title 7, section 273.16, apply. If the individual accused of wrongfully obtaining assistance is charged under section 256.98 for the same act or acts which are the subject of the hearing, the individual may request that the hearing be delayed until the criminal charge is decided by the court or withdrawn.

deleted text begin (b) The human services judge must conduct any hearings under section 142A.20 or 142A.27 pursuant to the relevant laws and rules governing children, youth, and families judges. deleted text end

Sec. 25.

Minnesota Statutes 2023 Supplement, section 256M.42, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Adult protection grant allocation under Reform 2020. new text end

new text begin The requirements of subdivisions 2 to 6 apply to the Reform 2020 adult protection state grants in Minnesota Statutes 2013 Supplement, section 256M.40, subdivision 1, and Laws 2013, chapter 108, article 15. The Reform 2020 state adult protection grant must be allocated annually consistent with the calendar year 2023 allocation made under section 256M.40. new text end

Sec. 26.

Laws 2023, chapter 70, article 12, section 30, subdivision 2, is amended to read:

Subd. 2.

Department of Human Services.

The powers and duties of the Department of Human Services with respect to the following responsibilities and related elements are transferred to the Department of Children, Youth, and Families according to Minnesota Statutes, section 15.039:

(1) family services and community-based collaboratives under Minnesota Statutes, section 124D.23;

(2) child care programs under Minnesota Statutes, chapter 119B;

(3) Parent Aware quality rating and improvement system under Minnesota Statutes, section 124D.142;

(4) migrant child care services under Minnesota Statutes, section 256M.50;

(5) early childhood and school-age professional development training under Laws 2007, chapter 147, article 2, section 56;

(6) licensure of family child care and child care centers, child foster care, and private child placing agencies under Minnesota Statutes, chapter 245A;

(7) certification of license-exempt child care centers under Minnesota Statutes, chapter 245H;

(8) program integrity and fraud related to the Child Care Assistance Program (CCAP), the Minnesota Family Investment Program (MFIP), and the Supplemental Nutrition Assistance Program (SNAP) under Minnesota Statutes, chapters 119B and 245E;

(9) SNAP under Minnesota Statutes, sections 256D.60 to 256D.63;

(10) electronic benefit transactions under Minnesota Statutes, sections 256.9862, 256.9863, 256.9865, 256.987, 256.9871, 256.9872, and 256J.77;

(11) Minnesota food assistance program under Minnesota Statutes, section 256D.64;

(12) Minnesota food shelf program under Minnesota Statutes, section 256E.34;

(13) MFIP and Temporary Assistance for Needy Families (TANF) under Minnesota Statutes, sections 256.9864 and 256.9865 and chapters 256J and 256P;

(14) Diversionary Work Program (DWP) under Minnesota Statutes, section 256J.95;

(15) deleted text begin resettlement programs under Minnesota Statutes, section 256B.06, subdivision 6deleted text end new text begin American Indian food sovereignty program under Minnesota Statutes, section 256E.342new text end ;

(16) child abuse under Minnesota Statutes, chapter 256E;

(17) reporting of the maltreatment of minors under Minnesota Statutes, chapter 260E;

(18) children in voluntary foster care for treatment under Minnesota Statutes, chapter 260D;

(19) juvenile safety and placement under Minnesota Statutes, chapter 260C;

(20) the Minnesota Indian Family Preservation Act under Minnesota Statutes, sections 260.751 to 260.835;

(21) the Interstate Compact for Juveniles under Minnesota Statutes, section 260.515, and the Interstate Compact on the Placement of Children under Minnesota Statutes, sections 260.851 to 260.93;

(22) adoption under Minnesota Statutes, sections 259.20 to 259.89;

(23) Northstar Care for Children under Minnesota Statutes, chapter 256N;

(24) child support under Minnesota Statutes, chapters 13, 13B, 214, 256, 256J, 257, 259, 518, 518A, 518C, 551, 552, 571, and 588, and Minnesota Statutes, section 609.375;

(25) community action programs under Minnesota Statutes, sections 256E.30 to 256E.32; deleted text begin anddeleted text end

(26) Family Assets for Independence in Minnesota under Minnesota Statutes, section 256E.35deleted text begin .deleted text end new text begin ;new text end

new text begin (27) capital for emergency food distribution facilities under Laws 2023, chapter 70, article 20, section 2, subdivision 24, paragraph (i); new text end

new text begin (28) community resource centers under Laws 2023, chapter 70, article 14, section 42; new text end

new text begin (29) diaper distribution grant program under Minnesota Statutes, section 256E.38; new text end

new text begin (30) Family First Prevention Services Act support and development grant program under Minnesota Statutes, section 256.4793; new text end

new text begin (31) Family First Prevention Services Act kinship navigator program under Minnesota Statutes, section 256.4794; new text end

new text begin (32) family first prevention and early intervention allocation program under Minnesota Statutes, section 260.014; new text end

new text begin (33) grants for prepared meals food relief under Laws 2023, chapter 70, article 12, section 33; new text end

new text begin (34) independent living skills for foster youth under Laws 2023, chapter 70, article 14, section 41; new text end

new text begin (35) legacy adoption assistance under Minnesota Statutes, chapter 259A; new text end

new text begin (36) quality parenting initiative grant program under Minnesota Statutes, section 245.0962; new text end

new text begin (37) relative custody assistance under Minnesota Statutes, section 257.85; new text end

new text begin (38) reimbursement to counties and Tribes for certain out-of-home placements under Minnesota Statutes, section 477A.0126; and new text end

new text begin (39) Supplemental Nutrition Assistance Program outreach under Minnesota Statutes, section 256D.65. 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. 27.

Laws 2023, chapter 70, article 12, section 30, subdivision 3, is amended to read:

Subd. 3.

Department of Education.

The powers and duties of the Department of Education with respect to the following responsibilities and related elements are transferred to the Department of Children, Youth, and Families according to Minnesota Statutes, section 15.039:

(1) Head Start Program and Early Head Start under Minnesota Statutes, sections 119A.50 to 119A.545;

(2) the early childhood screening program under Minnesota Statutes, sections 121A.16 to 121A.19;

(3) early learning scholarships under Minnesota Statutes, section 124D.165;

(4) the interagency early childhood intervention system under Minnesota Statutes, sections 125A.259 to 125A.48;

(5) voluntary prekindergarten programs and school readiness plus programs under Minnesota Statutes, section 124D.151;

(6) early childhood family education programs under Minnesota Statutes, sections 124D.13 to 124D.135;

(7) school readiness under Minnesota Statutes, sections 124D.15 to 124D.16; deleted text begin anddeleted text end

(8) after-school community learning programs under Minnesota Statutes, section 124D.2211deleted text begin .deleted text end new text begin ; andnew text end

new text begin (9) grow your own program under Minnesota Statutes, section 122A.731. new text end

Sec. 28.

Laws 2024, chapter 80, article 1, section 38, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Children, youth, and families judges; appointmentdeleted text end new text begin Hearings held by the Department of Human Servicesnew text end .

deleted text begin The commissioner of children, youth, and families may appoint one or more state children, youth, and families judges to conduct hearings and recommend orders in accordance with subdivisions 2, 3, and 5. Children, youth, and families judges designated pursuant to this section may administer oaths and shall be under the control and supervision of the commissioner of children, youth, and families and shall not be a part of the Office of Administrative Hearings established pursuant to sections 14.48 to 14.56. The commissioner shall only appoint as a full-time children, youth, and families judge an individual who is licensed to practice law in Minnesota and who is: deleted text end

deleted text begin (1) in active status; deleted text end

deleted text begin (2) an inactive resident; deleted text end

deleted text begin (3) retired; deleted text end

deleted text begin (4) on disabled status; or deleted text end

deleted text begin (5) on retired senior status. deleted text end

new text begin All state agency hearings under subdivision 2 must be heard by a human services judge pursuant to sections 256.045 and 256.0451. new text end

Sec. 29.

Laws 2024, chapter 80, article 1, section 38, subdivision 2, is amended to read:

Subd. 2.

State agency hearings.

deleted text begin (a)deleted text end State agency hearings are available for the following:

(1) any person:

(i) applying for, receiving, or having received public assistance or a program of social services administered by the commissioner or a county agency on behalf of the commissioner or the federal Food and Nutrition Act; and

(ii) whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid;

(2) any person whose claim for foster care payment according to a placement of the child resulting from a child protection assessment under chapter 260E is denied or not acted upon with reasonable promptness, regardless of funding source;

(3) any person to whom a right of appeal according to this section is given by other provision of law;new text begin andnew text end

deleted text begin (4) except as provided under chapter 142B, an individual or facility determined to have maltreated a minor under chapter 260E, after the individual or facility has exercised the right to administrative reconsideration under chapter 260E; deleted text end

deleted text begin (5) except as provided under chapter 245C, an individual disqualified under sections 245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, on the basis of serious or recurring maltreatment; of a preponderance of the evidence that the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment determination under clause (4) and a disqualification under this clause in which the basis for a disqualification is serious or recurring maltreatment shall be consolidated into a single fair hearing. In such cases, the scope of review by the children, youth, and families judge shall include both the maltreatment determination and the disqualification. The failure to exercise the right to an administrative reconsideration shall not be a bar to a hearing under this section if federal law provides an individual the right to a hearing to dispute a finding of maltreatment; and deleted text end

deleted text begin (6)deleted text end new text begin (4)new text end any person with an outstanding debt resulting from receipt of public assistance or the federal Food and Nutrition Act who is contesting a setoff claim by the commissioner of children, youth, and families or a county agency. The scope of the appeal is the validity of the claimant agency's intention to request a setoff of a refund under chapter 270A against the debt.

deleted text begin (b) The hearing for an individual or facility under paragraph (a), clause (4) or (5), is the only administrative appeal to the final agency determination specifically, including a challenge to the accuracy and completeness of data under section 13.04. A hearing for an individual or facility under paragraph (a), clause (4) or (5), is only available when there is no district court action pending. If such action is filed in district court while an administrative review is pending that arises out of some or all of the events or circumstances on which the appeal is based, the administrative review must be suspended until the judicial actions are completed. If the district court proceedings are completed, dismissed, or overturned, the matter may be considered in an administrative hearing. deleted text end

deleted text begin (c) For purposes of this section, bargaining unit grievance procedures are not an administrative appeal. deleted text end

deleted text begin (d) The scope of hearings involving claims to foster care payments under paragraph (a), clause (2), shall be limited to the issue of whether the county is legally responsible for a child's placement under court order or voluntary placement agreement and, if so, the correct amount of foster care payment to be made on the child's behalf and shall not include review of the propriety of the county's child protection determination or child placement decision. deleted text end

deleted text begin (e) An applicant or recipient is not entitled to receive social services beyond the services prescribed under chapter 256M or other social services the person is eligible for under state law. deleted text end

deleted text begin (f) The commissioner may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law. deleted text end

deleted text begin (g) Unless federal or Minnesota law specifies a different time frame in which to file an appeal, an individual or organization specified in this section may contest the specified action, decision, or final disposition before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action, decision, or final disposition or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause, as defined in section 142A.21, subdivision 13, why the request was not submitted within the 30-day time limit. The individual filing the appeal has the burden of proving good cause by a preponderance of the evidence. deleted text end

Sec. 30.

Laws 2024, chapter 80, article 1, section 38, subdivision 5, is amended to read:

Subd. 5.

Orders of the commissioner of children, youth, and families.

(a) A state deleted text begin children, youth, and familiesdeleted text end new text begin human servicesnew text end judge shall conduct a hearing on deleted text begin thedeleted text end new text begin annew text end appealnew text begin of a matter listed in subdivision 2new text end and shall recommend an order to the commissioner of children, youth, and families. The recommended order must be based on all relevant evidence and must not be limited to a review of the propriety of the state or county agency's action. A deleted text begin children, youth, and familiesdeleted text end new text begin state human servicesnew text end judge may take official notice of adjudicative facts. The commissioner of children, youth, and families may accept the recommended order of a state deleted text begin children, youth, and familiesdeleted text end new text begin human servicesnew text end judge and issue the order to the county agency and the applicant, recipient, or former recipient. If the commissioner refuses to accept the recommended order of the state deleted text begin children, youth, and familiesdeleted text end new text begin human servicesnew text end judge, the commissioner shall notify the petitioner or the agency of the commissioner's refusal and shall state reasons for the refusal. The commissioner shall allow each party ten days' time to submit additional written argument on the matter. After the expiration of the ten-day period, the commissioner shall issue an order on the matter to the petitioner and the agency.

(b) A party aggrieved by an order of the commissioner may appeal under subdivision deleted text begin 7deleted text end new text begin 5new text end or request reconsideration by the commissioner within 30 days after the date the commissioner issues the order. The commissioner may reconsider an order upon request of any party or on the commissioner's own motion. A request for reconsideration does not stay implementation of the commissioner's order. The person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered. The request for reconsideration may include legal argument and proposed additional evidence supporting the request. If proposed additional evidence is submitted, the person must explain why the proposed additional evidence was not provided at the time of the hearing. If reconsideration is granted, the other participants must be sent a copy of all material submitted in support of the request for reconsideration and must be given ten days to respond. Upon reconsideration, the commissioner may issue an amended order or an order affirming the original order.

(c) Any order of the commissioner issued under this subdivision shall be conclusive upon the parties unless appeal is taken in the manner provided by subdivision deleted text begin 7deleted text end new text begin 5new text end . Any order of the commissioner is binding on the parties and must be implemented by the state agency or a county agency until the order is reversed by the district court or unless the commissioner or a district court orders monthly assistance or aid or services paid or provided under subdivision deleted text begin 10deleted text end new text begin 8new text end .

(d) A vendor under contract with a county agency to provide social services is not a party and may not request a hearing or seek judicial review of an order issued under this section, unless assisting a recipient as provided innew text begin section 256.045,new text end subdivision 4.

Sec. 31.

Laws 2024, chapter 80, article 1, section 38, subdivision 6, is amended to read:

Subd. 6.

Additional powers of commissioner; subpoenas.

(a) The commissioner may initiate a review of any action or decision of a county agency and direct that the matter be presented to a state deleted text begin children, youth, and familiesdeleted text end new text begin human servicesnew text end judge for a hearing held under subdivision 2 or deleted text begin 3deleted text end new text begin section 256.045,new text end new text begin subdivision 3bnew text end . In all matters dealing with children, youth, and families committed by law to the discretion of the county agency, the commissioner's judgment may be substituted for that of the county agency. The commissioner may order an independent examination when appropriate.

(b) Any party to a hearing held pursuant to subdivision 2 or deleted text begin 3deleted text end new text begin section 256.045, subdivision 3b,new text end may request that the commissioner issue a subpoena to compel the attendance of witnesses and the production of records at the hearing. A local agency may request that the commissioner issue a subpoena to compel the release of information from third parties prior to a request for a hearing under section 142A.21 upon a showing of relevance to such a proceeding. The issuance, service, and enforcement of subpoenas under this subdivision is governed by section 357.22 and the Minnesota Rules of Civil Procedure.

deleted text begin (c) The commissioner may issue a temporary order staying a proposed demission by a residential facility licensed under chapter 142B: deleted text end

deleted text begin (1) while an appeal by a recipient under subdivision 3 is pending; or deleted text end

deleted text begin (2) for the period of time necessary for the case management provider to implement the commissioner's order. deleted text end

Sec. 32.

Laws 2024, chapter 80, article 1, section 38, subdivision 7, is amended to read:

Subd. 7.

Judicial review.

Any party who is aggrieved by an order of the commissioner of children, youth, and families may appeal the order to the district court of the county responsible for furnishing assistance, or, in appeals undernew text begin section 256.045,new text end subdivision deleted text begin 3deleted text end new text begin 3bnew text end , the county where the maltreatment occurred, by serving a written copy of a notice of appeal upon the commissioner and any adverse party of record within 30 days after the date the commissioner issued the order, the amended order, or order affirming the original order, and by filing the original notice and proof of service with the court administrator of the district court. Service may be made personally or by mail; service by mail is complete upon mailing. The court administrator shall not require a filing fee in appeals taken pursuant to this subdivision, except for appeals taken undernew text begin section 256.045,new text end subdivision deleted text begin 3deleted text end new text begin 3bnew text end . The commissioner may elect to become a party to the proceedings in the district court. Except for appeals undernew text begin section 256.045,new text end subdivision deleted text begin 3deleted text end new text begin 3bnew text end , any party may demand that the commissioner furnish all parties to the proceedings with a copy of the decision, and a transcript of any testimony, evidence, or other supporting papers from the hearing held before the deleted text begin children, youth, and familiesdeleted text end new text begin state human servicesnew text end judge, by serving a written demand upon the commissioner within 30 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse party to obey an order issued by the commissioner under subdivision 5 may compel performance according to the order in the manner prescribed in sections 586.01 to 586.12.

Sec. 33.

Laws 2024, chapter 80, article 1, section 38, subdivision 9, is amended to read:

Subd. 9.

Appeal.

Any party aggrieved by the order of the district court may appeal the order as in other civil cases. Except for appeals undernew text begin section 256.045,new text end subdivision deleted text begin 3deleted text end new text begin 3bnew text end , no costs or disbursements shall be taxed against any party nor shall any filing fee or bond be required of any party.

Sec. 34.

Laws 2024, chapter 80, article 1, section 96, is amended to read:

Sec. 96.

REVISOR INSTRUCTION.

The revisor of statutes must renumber sections or subdivisions in Column A as Column B.

Column A Column B
256.01, subdivision 12 142A.03, subdivision 7
256.01, subdivision 12a 142A.03, subdivision 8
256.01, subdivision 15 142A.03, subdivision 10
256.01, subdivision 36 142A.03, subdivision 22
256.0112, subdivision 10 142A.07, subdivision 8
256.019, subdivision 2 142A.28, subdivision 2
256.4793 142A.45
256.4794 142A.451
256.82 142A.418
256.9831 142A.13, subdivision 14
256.9862, subdivision 1 142A.13, subdivision 10
256.9862, subdivision 2 142A.13, subdivision 11
256.9863 142A.13, subdivision 5
256.9865, subdivision 1 142A.13, subdivision 6
256.9865, subdivision 2 142A.13, subdivision 7
256.9865, subdivision 3 142A.13, subdivision 8
256.9865, subdivision 4 142A.13, subdivision 9
256.987, subdivision 2 142A.13, subdivision 2
256.987, subdivision 3 142A.13, subdivision 3
256.987, subdivision 4 142A.13, subdivision 4
256.9871 142A.13, subdivision 12
256.9872 142A.13, subdivision 13
256.997 142A.30
256.998 142A.29
256B.06, subdivision 6 142A.40
256E.20 142A.41
256E.21 142A.411
256E.22 142A.412
256E.24 142A.413
256E.25 142A.414
256E.26 142A.415
256E.27 142A.416
256E.28 142A.417
new text begin 256E.37 new text end new text begin 142A.46 new text end
new text begin 256E.38 new text end new text begin 142A.42 new text end
256N.001 142A.60
256N.01 142A.601
256N.02 142A.602
256N.20 142A.603
256N.21 142A.604
256N.22 142A.605
256N.23 142A.606
256N.24 142A.607
256N.25 142A.608
256N.26 142A.609
256N.261 142A.61
256N.27 142A.611
256N.28 142A.612
new text begin 257.85 new text end new text begin 142A.65 new text end
257.175 142A.03, subdivision 32
257.33, subdivision 1 142A.03, subdivision 33
257.33, subdivision 2 142A.03, subdivision 34
260.014 142A.452
299A.72 142A.75
299A.73 142A.43
299A.95 142A.76

The revisor of statutes must correct any statutory cross-references consistent with this renumbering.

Sec. 35.

Laws 2024, chapter 80, article 2, section 5, subdivision 21, is amended to read:

Subd. 21.

Plan for transfer of clients and records upon closure.

(a) Except for license holders who reside on the premises and child care providers, an applicant for initial or continuing licensure or certification must submit a written plan indicating how the programnew text begin new text end new text begin or private agencynew text end will ensure the transfer of clients and records for both open and closed cases if the program closes. The plan must provide for managing private and confidential information concerningnew text begin the clients of thenew text end program deleted text begin clientsdeleted text end new text begin or private agencynew text end . The plan must also provide for notifying affected clients of the closure at least 25 days prior to closure, including information on how to access their records. A controlling individual of the program new text begin or private agency new text end must annually review and sign the plan.

(b) Plans for the transfer of open cases and case records must specify arrangements the program new text begin or private agency new text end will make to transfer clients to another provider or county agency for continuation of services and to transfer the case record with the client.

(c) Plans for the transfer of closed case records must be accompanied by a signed agreement or other documentation indicating that a county or a similarly licensed provider has agreed to accept and maintain the program's new text begin or private agency's new text end closed case records and to provide follow-up services as necessary to affected clients.

Sec. 36.

Laws 2024, chapter 80, article 2, section 7, subdivision 2, is amended to read:

Subd. 2.

County fees for applications and licensing inspections.

(a) A county agency may charge a license fee to an applicant or license holder not to exceed $50 for a one-year license or $100 for a two-year license.

(b) Counties may allow providers to pay the applicant fee in paragraph (a) on an installment basis for up to one year. If the provider is receiving child care assistance payments from the state, the provider may have the fee under paragraph (a) deducted from the child care assistance payments for up to one year and the state shall reimburse the county for the county fees collected in this manner.

deleted text begin (c) For purposes of child foster care licensing under this chapter, a county agency may charge a fee to a corporate applicant or corporate license holder to recover the actual cost of licensing inspections, not to exceed $500 annually. deleted text end

deleted text begin (d) Counties may elect to reduce or waive the fees in paragraph (c) under the following circumstances: deleted text end

deleted text begin (1) in cases of financial hardship; deleted text end

deleted text begin (2) if the county has a shortage of providers in the county's area; or deleted text end

deleted text begin (3) for new providers. deleted text end

Sec. 37.

Laws 2024, chapter 80, article 2, section 10, subdivision 6, is amended to read:

Subd. 6.

Appeal of multiple sanctions.

(a) When the license holder appeals more than one licensing action or sanction that were simultaneously issued by the commissioner, the license holder shall specify the actions or sanctions that are being appealed.

(b) If there are different timelines prescribed in statutes for the licensing actions or sanctions being appealed, the license holder must submit the appeal within the longest of those timelines specified in statutes.

(c) The appeal must be made in writing by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the provider licensing and reporting hubnew text end . If mailed, the appeal must be postmarked and sent to the commissioner within the prescribed timeline with the first day beginning the day after the license holder receives the certified letter. If a request is made by personal service, it must be received by the commissioner within the prescribed timeline with the first day beginning the day after the license holder receives the certified letter.new text begin If the appeal is made through the provider hub, the appeal must be received by the commissioner within the prescribed timeline with the first day beginning the day after the commissioner issued the order through the hub.new text end

(d) When there are different timelines prescribed in statutes for the appeal of licensing actions or sanctions simultaneously issued by the commissioner, the commissioner shall specify in the notice to the license holder the timeline for appeal as specified under paragraph (b).

Sec. 38.

Laws 2024, chapter 80, article 2, section 16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and private agencies that have been designated or licensed by the commissioner to perform licensing functions and activities under section 142B.10 deleted text begin and background studies for family child caredeleted text end deleted text begin under chapter 245Cdeleted text end ; to recommend denial of applicants under section 142B.15; to issue correction orders, to issue variances, and to recommend a conditional license under section 142B.16; or to recommend suspending or revoking a license or issuing a fine under section 142B.18, shall comply with rules and directives of the commissioner governing those functions and with this section. The following variances are excluded from the delegation of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and family child foster caredeleted text begin , dual licensure of family child foster care and family adult foster care, dual licensure of child foster residence setting and community residential setting, and dual licensure of family adult foster care and family child caredeleted text end ;

(2) child foster care maximum age requirement;

(3) variances regarding disqualified individuals;

(4) variances to requirements relating to chemical use problems of a license holder or a household member of a license holder; and

(5) variances to section 142B.74 for a time-limited period. If the commissioner grants a variance under this clause, the license holder must provide notice of the variance to all parents and guardians of the children in care.

new text begin (b) The commissioners of human services and children, youth, and families must both approve a variance for dual licensure of family child foster care and family adult foster care or family adult foster care and family child care. Variances under this paragraph are excluded from the delegation of variance authority and may be issued only by both commissioners. new text end

new text begin (c) new text end Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency must not grant a license holder a variance to exceed the maximum allowable family child care license capacity of 14 children.

deleted text begin (b)deleted text end new text begin (d)new text end A county agency that has been designated by the commissioner to issue family child care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to all family child care license holders in the county.

deleted text begin (c)deleted text end new text begin (e)new text end Before the implementation of NETStudy 2.0, county agencies must report information about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by the commissioner.

deleted text begin (d)deleted text end new text begin (f)new text end For family child care programs, the commissioner shall require a county agency to conduct one unannounced licensing review at least annually.

deleted text begin (e)deleted text end new text begin (g)new text end A license issued under this section may be issued for up to two years.

deleted text begin (f)deleted text end new text begin (h)new text end A county agency shall report to the commissioner, in a manner prescribed by the commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The information under this clause must also be reported to the state fire marshal within two business days of receiving notice from a licensed family child care provider.

Sec. 39.

Laws 2024, chapter 80, article 2, section 30, subdivision 2, is amended to read:

Subd. 2.

Maltreatment of minors ongoing training requirement.

(a) In addition to the orientation training required by the applicable licensing rules and statutes, private child-placing agency license holders must provide a training annually on the maltreatment of minors reporting requirements and definitions in chapter 260E to each mandatory reporter, as described in section 260E.06, subdivision 1.

(b) In addition to the orientation training required by the applicable licensing rules and statutes, all family child foster care license holders and caregivers deleted text begin and foster residence setting staff and volunteersdeleted text end who are mandatory reporters as described in section 260E.06, subdivision 1, must complete training each year on the maltreatment of minors reporting requirements and definitions in chapter 260E.

Sec. 40.

Laws 2024, chapter 80, article 2, section 31, is amended to read:

Sec. 31.

142B.80 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settingsdeleted text begin , and all staff providing care in foster residence settingsdeleted text end must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the foster family license holder and caregiversdeleted text begin , and foster residence staffdeleted text end must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt from these requirements. Training curriculum shall be approved by the commissioner of children, youth, and families.

Sec. 41.

Laws 2024, chapter 80, article 2, section 74, is amended to read:

Sec. 74.

REVISOR INSTRUCTION.

The revisor of statutes must renumber sections or subdivisions in column A as column B.

Column A Column B
245A.02, subdivision 2c 142B.01, subdivision 3
245A.02, subdivision 6a 142B.01, subdivision 11
245A.02, subdivision 6b 142B.01, subdivision 12
245A.02, subdivision 10a 142B.01, subdivision 22
245A.02, subdivision 12 142B.01, subdivision 23
245A.02, subdivision 16 142B.01, subdivision 26
245A.02, subdivision 17 142B.01, subdivision 27
245A.02, subdivision 18 142B.01, subdivision 28
245A.02, subdivision 19 142B.01, subdivision 13
245A.03, subdivision 2a 142B.05, subdivision 3
245A.03, subdivision 2b 142B.05, subdivision 4
245A.03, subdivision 4 142B.05, subdivision 6
245A.03, subdivision 4a 142B.05, subdivision 7
245A.03, subdivision 8 142B.05, subdivision 10
245A.035 142B.06
245A.04, subdivision 9a 142B.10, subdivision 17
245A.04, subdivision 10 142B.10, subdivision 18
245A.06, subdivision 8 142B.16, subdivision 5
245A.06, subdivision 9 142B.16, subdivision 6
245A.065 142B.17
245A.07, subdivision 4 142B.18, subdivision 6
245A.07, subdivision 5 142B.18, subdivision 7
245A.14, subdivision 3 142B.41, subdivision 3
245A.14, subdivision 4 142B.41, subdivision 4
245A.14, subdivision 4a 142B.41, subdivision 5
245A.14, subdivision 6 142B.41, subdivision 6
245A.14, subdivision 8 142B.41, subdivision 7
245A.14, subdivision 10 142B.41, subdivision 8
245A.14, subdivision 11 142B.41, subdivision 9
245A.14, subdivision 15 142B.41, subdivision 11
245A.14, subdivision 16 142B.41, subdivision 12
245A.14, subdivision 17 142B.41, subdivision 13
245A.1434 142B.60
deleted text begin 245A.144 deleted text end deleted text begin 142B.47 deleted text end
245A.1445 142B.48
245A.145 142B.61
245A.146, subdivision 2 142B.45, subdivision 2
245A.146, subdivision 3 142B.45, subdivision 3
245A.146, subdivision 4 142B.45, subdivision 4
245A.146, subdivision 5 142B.45, subdivision 5
245A.146, subdivision 6 142B.45, subdivision 6
245A.147 142B.75
245A.148 142B.76
245A.149 142B.77
245A.15 142B.78
245A.1511 142B.79
245A.152 142B.62
245A.16, subdivision 7 142B.30, subdivision 7
245A.16, subdivision 9 142B.30, subdivision 9
245A.16, subdivision 11 142B.30, subdivision 11
245A.23 142B.63
245A.40 142B.65
245A.41 142B.66
245A.42 142B.67
245A.50 142B.70
245A.51 142B.71
245A.52 142B.72
245A.53 142B.74
245A.66, subdivision 2 142B.54, subdivision 2
245A.66, subdivision 3 142B.54, subdivision 3

The revisor of statutes must correct any statutory cross-references consistent with this renumbering.

Sec. 42.

Laws 2024, chapter 80, article 4, section 26, is amended to read:

Sec. 26.

REVISOR INSTRUCTION.

(a) 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.

Column A Column B
119A.50 142D.12
119A.52 142D.121
119A.53 142D.122
119A.535 142D.123
119A.5411 142D.124
119A.545 142D.125
119B.195 142D.30
119B.196 142D.24
119B.25 142D.20
119B.251 142D.31
119B.252 142D.32
119B.27 142D.21
119B.28 142D.22
119B.29 142D.23
new text begin 119B.99 new text end new text begin 142A.44 new text end
121A.16 142D.09
121A.17 142D.091
121A.18 142D.092
121A.19 142D.093
new text begin 122A.731 new text end new text begin 142D.33 new text end
124D.13 142D.10
124D.135 142D.11
124D.141 142D.16
124D.142 142D.13
124D.15 142D.05
124D.151 142D.08
124D.16 142D.06
124D.165 142D.25
124D.2211 142D.14
124D.23 142D.15

(b) The revisor of statutes shall codify Laws 2017, First Special Session chapter 5, article 8, section 9, as amended by article 4, section 25, as Minnesota Statutes, section 142D.07.

(c) The revisor of statutes shall change "commissioner of education" to "commissioner of children, youth, and families" and change "Department of Education" to "Department of Children, Youth, and Families" as necessary in Minnesota Statutes, chapters 119A and 120 to 129C, to reflect the changes in this act and Laws 2023, chapter 70, article 12. The revisor shall also make any technical, language, and other changes resulting from the change of term to the statutory language, sentence structure, or both, if necessary to preserve the meaning of the text.

Sec. 43.

Laws 2024, chapter 80, article 6, section 4, is amended to read:

Sec. 4.

REVISOR INSTRUCTION.

(a) The revisor of statutes must renumber each section of Minnesota Statutes in Column A with the number in Column B.

Column A Column B
245.771 142F.05
256D.60 142F.10
256D.61 142F.11
256D.62 142F.101
256D.63 142F.102
256D.64 142F.13
256D.65 142F.12
256E.30 142F.30
256E.31 142F.301
256E.32 142F.302
256E.34 142F.14
new text begin 256E.342 new text end new text begin 142F.15 new text end
256E.35 142F.20

(b) The revisor of statutes must correct any statutory cross-references consistent with this renumbering.

Sec. 44.

Laws 2024, chapter 80, article 7, section 4, is amended to read:

Sec. 4.

Minnesota Statutes 2022, section 256J.09, is amended by adding a subdivision to read:

Subd. 11.

Domestic violence informational brochure.

(a) The commissioner shall provide a domestic violence informational brochure that provides information about the existence of domestic violence waivers to all MFIP applicants. The brochure must explain that eligible applicants may be temporarily waived from certain program requirements due to domestic violence. The brochure must provide information about services and other programs to help victims of domestic violence.

(b) The brochure must be funded with TANF funds.

new text begin (c) The commissioner must work with the commissioner of human services to create a brochure that meets the requirements of this section and section 256.029. new text end

Sec. 45.

new text begin CHILD FOSTER RESIDENCE SETTINGS TO STAY AT THE DEPARTMENT OF HUMAN SERVICES. new text end

new text begin The responsibility to license child foster residence settings as defined in Minnesota Statutes, section 245A.