Minnesota Legislature
HF 4328
2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 04/27/2018 08:42am
Current Version - 2nd Engrossment
2.15 2.16
2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33
2.34
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22
3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5
4.6
4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25
4.26 4.27
4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6
5.7
5.8 5.9 5.10 5.11 5.12
5.13
5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11
8.12
8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21
8.22 8.23 8.24 8.25 8.26 8.27
8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13
9.14 9.15 9.16 9.17 9.19 9.18 9.21 9.20 9.22 9.23 9.24 9.25
9.26
9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19
10.20
10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12
11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12
12.13 12.14 12.15 12.16 12.17
12.18
12.19 12.20 12.21
12.22 12.23
12.24 12.25 12.26 12.27 12.28 12.29 12.30 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9
14.10
14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21
14.22
14.23 14.24 14.25 14.26 14.27 14.28
14.29
15.1 15.2 15.3 15.4 15.5 15.6
15.7
15.8 15.9 15.10 15.11 15.12
15.13
15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22
15.23
15.24 15.25 15.26 15.27 15.28 15.29 15.30 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12
16.13
16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3
17.4
17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15
17.16
17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17
18.18
18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2
19.3 19.4 19.5 19.6 19.7
19.8
19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10
24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20
25.21
25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9
28.10
28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33
30.1
30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31
33.1 33.2
33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30
33.31
34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2 35.3 35.4 35.5 35.6 35.7
35.8
35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19
36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25
37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16
38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12
39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18
41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18
42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27
45.28 45.29
46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24
46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29
48.30 48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5 49.6
49.7
49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16
49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21
54.22 54.23
54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29
56.30
57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24
57.25 57.26
57.27 57.28 57.29 57.30 57.31 57.32 57.33 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29
61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24
61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14
63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28
63.29 63.30 63.31 63.32 64.1 64.2
64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29
64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8
65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 66.1 66.2 66.3 66.4 66.5 66.6
66.7 66.8
66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2
68.3 68.4
68.5 68.6 68.7 68.8 68.9
68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9
69.10 69.11 69.12 69.14 69.13 69.15 69.16 69.17
69.18
69.19 69.20 69.21 69.22 69.23 69.25 69.24 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2
70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27
70.28
70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27
71.28 71.29 71.30 71.31 71.32 71.33 72.1 72.2 72.3 72.4 72.5 72.6 72.7
72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4
74.5
74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16
75.17
75.18 75.19
75.20 75.21
75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6
76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3
77.4
77.5 77.6 77.7 77.8 77.9
77.10
77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 78.1 78.2
78.3
78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21
78.22 78.23 78.24 78.25 78.26 78.27
78.28
78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14
81.15
81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 83.1 83.2 83.3 83.4 83.5
83.6
83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21
85.22
85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23
87.24
87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 88.1 88.2
88.3 88.4 88.5 88.6 88.7 88.8 88.9
88.10
88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26
90.27
90.28 90.29 90.30 90.31 90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11
91.12
91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9
93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 96.1 96.2
96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 97.1 97.2
97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32
97.33 97.34 98.1 98.2 98.3 98.4 98.5 98.6 98.7
98.8
98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16
98.17
98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31
99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16
100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34
107.1
107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6
108.7
108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 110.35 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32
114.33
115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11
117.12
117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26
117.27
117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6 118.7
118.8
118.9 118.10 118.11
118.12
118.13 118.14
118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19
120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33
121.1
121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17
121.18
121.19 121.20 121.21 121.22 121.24 121.23 121.26 121.25 121.27 121.28 121.29 121.30
122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24
124.25
124.26 124.27
124.28 124.29 124.30 124.31 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19
125.20
125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28
126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10
126.11
126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13
127.14
127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2
128.3
128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18
128.19
128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29
128.30 128.31
129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8
129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29
129.30 129.31
130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9
130.10
130.11 130.12
130.13 130.14 130.15 130.16 130.17 130.18
130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6
133.7
133.8 133.9
133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23
134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29
136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12
137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20
138.21
138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32
139.33
140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12
140.13
140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23
140.24 140.25 140.26 140.27 140.28 140.29 140.30 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18
141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31
142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26
142.27
142.28 142.29 142.30
142.31 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10
143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28
145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21
145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 146.1 146.2
146.3 146.4 146.5 146.6 146.7 146.9 146.8 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20
146.21 146.22
146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28
147.29 147.30 147.31 148.1 148.2 148.4 148.3 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14
148.15
148.16 148.17 148.18 148.19 148.20 148.21 148.22
148.23
148.24 148.25 148.26
148.27 148.28 148.29 148.30 148.31 149.2 149.1 149.4 149.3
149.5
149.6 149.7 149.8 149.10 149.9 149.12 149.11 149.13 149.14 149.15 149.16
149.17
149.18 149.19 149.20 149.21 149.23 149.22 149.25 149.24 149.26 149.27
149.28
149.29 149.30 149.31 149.32 150.2 150.1 150.4 150.3 150.5 150.6 150.7 150.8
150.9
150.10 150.11 150.12 150.13 150.15 150.14 150.17 150.16 150.18 150.19 150.20 150.21
150.22
150.23 150.24 150.25 150.26 150.28 150.27 150.30 150.29 150.31 150.32 151.1 151.2
151.3 151.4
151.5 151.6 151.7 151.8 151.10 151.9 151.12 151.11 151.13 151.14 151.15 151.16
151.17
151.18 151.19 151.20 151.21 151.23 151.22 151.25 151.24 151.26 151.27 151.28 151.29
151.30
152.1 152.2 152.3 152.4 152.5 152.7 152.6 152.9 152.8
152.10
152.11 152.12 152.13 152.14 152.16 152.15 152.18 152.17 152.19 152.20 152.21 152.22
152.23
152.24 152.25 152.26 152.27 152.28 152.30 152.29 152.31 152.32 152.33
153.1
153.2 153.3 153.4 153.5 153.7 153.6 153.9 153.8 153.10 153.11 153.12 153.13
153.14
153.15 153.16 153.17 153.18 153.20 153.19 153.22 153.21 153.23 153.24 153.25 153.26
153.27 154.1
154.2 154.3 154.4 154.5 154.6 154.8 154.7 154.10 154.9 154.11 154.12
154.13
154.14 154.15 154.16 154.17 154.19 154.18 154.21 154.20 154.22 154.23 154.24
154.25
154.26 154.27 154.28 154.29 154.30 155.2 155.1 155.4 155.3
155.5 155.6
155.7 155.8 155.9 155.10 155.11 155.13 155.12 155.14 155.15 155.16
155.17
155.18 155.19 155.20 155.21 155.23 155.22 155.25 155.24 155.26 155.27 155.28 155.29
155.30 156.1
156.2 156.3 156.4 156.5 156.7 156.6 156.9 156.8
156.10
156.11 156.12 156.13 156.14 156.16 156.15 156.18 156.17
156.19
156.20 156.21 156.22 156.23 156.25 156.24 156.27 156.26
156.28 156.29
156.30 156.31 156.32 156.33 157.2 157.1 157.4 157.3 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13
157.14
157.15 157.16 157.17 157.18 157.20 157.19 157.22 157.21 157.23 157.24 157.25 157.26
157.27
157.28 157.29 157.30 157.31 157.33 157.32 158.2 158.1 158.3 158.4 158.5 158.6
158.7
158.8 158.9 158.10 158.11 158.13 158.12 158.15 158.14 158.16 158.17 158.18
158.19 158.20
158.21 158.22 158.23 158.24 158.26 158.25 158.28 158.27 158.29 158.30
158.31 159.1
159.2 159.3 159.4 159.5 159.7 159.6 159.9 159.8 159.10 159.11 159.12 159.13
159.14
159.15 159.16
159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29
159.30 159.31 159.32 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16
160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33
161.1 161.2 161.3
161.4 161.5
161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29
162.30 162.31 162.32 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19
164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31
166.1 166.2 166.3 166.4 166.5 166.6
166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 168.1 168.2 168.3 168.4
168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27
168.28 168.29 168.30 168.31 168.32 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9
169.10
169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22
169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 170.1 170.2
170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11
170.12 170.13
170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27
171.28 171.29 171.30 171.31 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13
172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30
173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15
173.16 173.17 173.18 173.19
173.20 173.21 173.22 173.23 173.24 173.25 173.26
173.27 173.28 173.29 173.30
174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9
174.10 174.11 174.12 174.13
174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 175.1 175.2 175.3 175.4 175.5
175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31
176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18
176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27
176.28 176.29 176.30 176.31 177.1 177.2
177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13
177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25
178.26 178.27 178.28 178.29 178.30 178.31 178.32 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33
180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 181.1 181.2 181.3 181.4 181.5 181.6 181.7
181.8 181.9 181.10 181.11
181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 182.1 182.2 182.3
182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12
182.13 182.14 182.15 182.16 182.17 182.18 182.19
182.20 182.21 182.22 182.23 182.24 182.25 182.26
182.27 182.28 182.29 182.30 182.31 183.1 183.2
183.3 183.4 183.5
A bill for an act
relating to education; providing for the financing of early childhood through higher
education, including general education; student and school safety; education
excellence; teachers; special education; facilities, technology, and libraries;
nutrition; early childhood and family support; community education, prevention,
self-sufficiency, and lifelong learning; state agencies; making forecast adjustments;
modifying certain higher education policy provisions; making clarifying changes
to loan forgiveness and research grant programs; and modifying the regent candidate
selection process; requiring reports; appropriating money; amending Minnesota
Statutes 2016, sections 120A.20, subdivision 2; 120A.22, subdivision 12; 120B.021,
by adding a subdivision; 120B.024, subdivision 1; 120B.11, subdivisions 1, 1a,
2, 5, 9; 120B.12, as amended; 120B.299, subdivision 10; 120B.30, subdivisions
1a, 3; 120B.36, subdivision 2; 121A.39; 121A.41, by adding a subdivision;
121A.45, subdivision 1; 121A.46, by adding subdivisions; 121A.47, subdivisions
2, 14; 121A.53, subdivision 1; 121A.55; 121A.61, subdivision 2; 121A.67, by
adding a subdivision; 122A.42; 122A.71, subdivision 2; 123B.14, subdivision 7;
123B.41, subdivision 5; 123B.52, subdivision 6; 123B.595, as amended; 123B.61;
124D.09, subdivision 4; 124D.111; 124D.151, subdivision 2; 124D.162; 124D.78,
subdivision 2; 124D.98; 124E.03, subdivision 5; 125A.76, subdivision 1; 125B.07,
subdivision 6; 126C.15, subdivision 5, by adding a subdivision; 126C.44; 127A.41,
as amended; 127A.45, subdivisions 11, 16; 127A.70, subdivision 2; 134.355,
subdivision 10; 135A.15, subdivisions 2, 6; 136A.15, subdivision 8; 136A.16,
subdivisions 1, 2, 5, 8, 9; 136A.162; 136A.1701, subdivision 7; 136A.1702;
136A.1791, subdivision 8; 136A.1795, subdivision 2; 136A.822, subdivision 10;
136A.901, by adding a subdivision; 137.0245; 137.0246; 171.02, subdivision 2a;
205A.07, subdivision 2; 245C.02, by adding a subdivision; 245C.12; 299C.17;
471.59, subdivision 1; 475.58, subdivision 4; 609.095; 626.556, subdivision 10;
631.40, subdivision 1a; Minnesota Statutes 2017 Supplement, sections 120B.021,
subdivision 1; 120B.122, subdivision 1; 120B.125; 120B.30, subdivision 1;
120B.35, subdivision 3; 120B.36, subdivision 1; 122A.09, subdivision 2, by adding
a subdivision; 122A.18, subdivision 8; 122A.187, subdivision 3, by adding a
subdivision; 122A.20, subdivisions 1, 2; 122A.40, subdivision 13; 122A.41,
subdivision 6; 123B.03, subdivisions 1, 2; 123B.41, subdivision 2; 123B.52,
subdivision 7; 124D.09, subdivision 3; 124D.151, subdivision 5; 124D.165,
subdivisions 2, 3, 4; 124D.549; 124D.99, subdivision 3; 124E.11; 136A.1275,
subdivisions 2, 3; 136A.1789, subdivision 2; 136A.246, subdivision 4; 136A.646;
136A.822, subdivision 6; 136A.8295, by adding a subdivision; 155A.30,
subdivision 12; 171.02, subdivision 2b; 171.3215, subdivisions 2, 3; 475.59,
subdivision 1; 609A.03, subdivision 7a; 626.556, subdivisions 2, 3, 10e; Laws
2016, chapter 189, article 25, sections 61; 62, subdivision 15; Laws 2017, chapter
89, article 1, section 2, subdivisions 18, 20, 29, 31, 32, 33, 34; Laws 2017, First
Special Session chapter 5, article 1, section 19, subdivisions 2, 3, 4, 5, 6, 7, 9;
article 2, sections 56; 57, subdivisions 2, 3, 4, 5, 6, 12, 14, 21, 23, 24, 26; article
4, sections 11; 12, subdivisions 2, as amended, 3, 4, 5; article 5, section 14,
subdivisions 2, 3; article 6, section 3, subdivisions 2, 3, 4; article 7, section 2,
subdivision 5; article 8, sections 9, subdivision 2; 10, subdivisions 3, 5a, 6, 12;
article 9, section 2, subdivisions 2, 7; article 10, section 6, subdivision 2; article
11, sections 9; 12; 13; proposing coding for new law in Minnesota Statutes, chapters
120B; 121A; 122A; 125A; 125B; 136A; 245C; 299C; repealing Minnesota Statutes
2016, sections 120B.299, subdivisions 7, 8, 9, 11; 136A.15, subdivisions 2, 7;
136A.1701, subdivision 12; Minnesota Statutes 2017 Supplement, section 122A.09,
subdivision 1; Minnesota Rules, part 8710.2100, subparts 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1.
Minnesota Statutes 2017 Supplement, section 123B.41, subdivision 2, is amended
to read:
Subd. 2.
Textbook.
(a) "Textbook" means any book or book substitute, including
electronic books as well as other printed materials delivered electronically, which a pupil
uses as a text or text substitute in a particular class or program in the school regularly
attended and a copy of which is expected to be available for the individual use of each pupil
in this class or program. Textbook includes an online book with an annual subscription cost.new text begin
Textbook includes a teacher's edition or teacher's guide that accompanies a textbook that a
pupil uses.
new text end
(b) For purposes of calculating the annual nonpublic pupil aid entitlement for textbooks,
the term shall be limited to books, workbooks, or manuals, whether bound or in loose-leaf
form, as well as electronic books and other printed materials delivered electronically,
intended for use as a principal source of study material for a given class or a group of
students.
(c) For purposes of sections 123B.40 to 123B.48, the terms "textbook" and "software
or other educational technology" include only such secular, neutral, and nonideological
materials as are available, used by, or of benefit to Minnesota public school pupils.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue in fiscal year 2019 and later.
new text end
Sec. 2.
Minnesota Statutes 2016, section 123B.41, subdivision 5, is amended to read:
Subd. 5.
Individualized instructional or cooperative learning materials.
"Individualized instructional or cooperative learning materials" means educational materials
which:
deleted text begin (a)deleted text end new text begin (1)new text end are designed primarily for individual pupil use or use by pupils in a cooperative
learning group in a particular class or program in the school the pupil regularly attendsnew text begin ,
including a teacher's edition or teacher's guide that accompanies materials that a pupil usesnew text end ;
deleted text begin (b)deleted text end new text begin (2)new text end are secular, neutral, nonideological and not capable of diversion for religious
use; and
deleted text begin (c)deleted text end new text begin (3)new text end are available, used by, or of benefit to Minnesota public school pupils.
Subject to the requirements in clauses deleted text begin (a)deleted text end new text begin (1)new text end , deleted text begin (b)deleted text end new text begin (2)new text end , and deleted text begin (c)deleted text end new text begin (3)new text end , "individualized
instructional or cooperative learning materials" include, but are not limited to, the following
if they do not fall within the definition of "textbook" in subdivision 2: published materials;
periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic works;
prerecorded video programs; prerecorded tapes, cassettes and other sound recordings;
manipulative materials; desk charts; games; study prints and pictures; desk maps; models;
learning kits; blocks or cubes; flash cards; individualized multimedia systems; prepared
instructional computer software programs; choral and band sheet music; electronic books
and other printed materials delivered electronically; and CD-Rom.
"Individualized instructional or cooperative learning materials" do not include
instructional equipment, instructional hardware, or ordinary daily consumable classroom
supplies.
Sec. 3.
Minnesota Statutes 2017 Supplement, section 124D.09, subdivision 3, is amended
to read:
Subd. 3.
Definitions.
For purposes of this section, the following terms have the meanings
given to them.
(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
nonprofit two-year trade and technical school granting associate degrees, annew text begin accreditednew text end
opportunities industrialization center deleted text begin accredited by the North Central Association of Colleges
and Schoolsdeleted text end , or a private, residential, two-year or four-year, liberal arts, degree-granting
college or university located in Minnesota.
(b) "Course" means a course or program.
(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under
subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by
a secondary teacher or a postsecondary faculty member, and are offered at a high school
for which the district is eligible to receive concurrent enrollment program aid under section
124D.091.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2016, section 124D.09, subdivision 4, is amended to read:
Subd. 4.
Alternative pupil.
new text begin (a) new text end "Alternative pupil" means deleted text begin andeleted text end new text begin a 10th,new text end 11thnew text begin ,new text end or 12th grade
studentnew text begin , subject to paragraph (b), who isnew text end not enrolled in a public school districtdeleted text begin , and includesdeleted text end new text begin .
Alternative pupil includesnew text end students attending nonpublic schools and students who are home
schooled. An alternative pupil is considered a pupil for purposes of this section only. An
alternative pupil must register with the commissioner of education before participating in
the postsecondary enrollment options program. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end prescribe the
form and manner of the registration, in consultation with the Nonpublic Education Council
under section 123B.445, and may request any necessary information from the alternative
pupil.
new text begin
(b) A 10th grade student qualifies as an alternative pupil if the student: (1) is enrolled
in a career or technical education course offered by an eligible institution; and (2) received
a passing score on the 8th grade Minnesota Comprehensive Assessment, or another reading
assessment accepted by the enrolling postsecondary institution. A career or technical
education course must meet the requirements under subdivision 5a. If an alternative pupil
in 10th grade receives a grade of "C" or better in the career or technical education course
taken under this subdivision, the postsecondary institution must allow the student to take
additional postsecondary courses for credit at that institution, not to exceed the limits in
subdivision 8.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for applications submitted on or after
July 1, 2018.
new text end
Sec. 5.
Minnesota Statutes 2016, section 126C.15, subdivision 5, is amended to read:
Subd. 5.
Annual expenditure report.
new text begin (a) new text end Each yearnew text begin ,new text end a district that receives basic skills
revenue must submit a reportnew text begin to the commissioner of educationnew text end identifying the expenditures
it incurred to meet the needs of eligible learners under subdivision 1.
new text begin (b) new text end The report mustnew text begin :
new text end
new text begin (1)new text end conform to uniform financial and reporting standards established for this purposedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) categorize expenditures by each of the permitted uses authorized in subdivision 1,
in the form and manner specified by the commissioner; and
new text end
new text begin (3) report under section 120B.11,new text end using valid and reliable data and measurement criteria,
deleted text begin the report also must determinedeleted text end whether increased expenditures raised student achievement
levels.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for reports issued after July 1, 2018.
new text end
Sec. 6.
Minnesota Statutes 2016, section 126C.15, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Commissioner's report. new text end
new text begin
By February 15 of each year, the commissioner shall
compile the district data submitted under subdivision 5, report the results to the legislative
committees with jurisdiction over education, and file the report according to section 3.195.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 7.
Minnesota Statutes 2016, section 127A.41, as amended by Laws 2017, chapter 40,
article 1, section 16, and Laws 2017, First Special Session chapter 5, article 1, section 15,
is amended to read:
127A.41 DISTRIBUTION OF SCHOOL AIDS; APPROPRIATION.
Subdivision 1.
Commissioner duties.
The commissioner shall supervise distribution of
school aids and grants in accordance with law. The commissioner may make rules consistent
with law for the distribution to enable districts to perform efficiently the services required
by law and further education in the state, including reasonable requirements for the reports
and accounts to it as will assure accurate and lawful apportionment of aids. State and federal
aids and discretionary or entitlement grants distributed by the commissioner shall not be
subject to the contract approval procedures of the commissioner of administration or to
chapter 16A, 16B, or 16C. The commissioner shall adopt internal procedures for
administration and monitoring of aids and grants.
Subd. 2.
Errors in distribution.
On determining that the amount of state aid distributed
to a school district is in errornew text begin or has been spent contrary to statutorily established revenue
usesnew text end , the commissioner is authorized to adjust the amount of aid consistent with this
subdivision. On determining that the amount of aid is in excess of the school district's
entitlement, the commissioner is authorized to recover the amount of the excess by any
appropriate means. Notwithstanding the fiscal years designated by the appropriation, the
excess may be recovered by reducing future aid payments to the district. Notwithstanding
any law to the contrary, if the aid reduced is not of the same type as that overpaid, the district
must adjust all necessary financial accounts to properly reflect all revenues earned in
accordance with the uniform financial accounting and reporting standards pursuant to
sections 123B.75 to 123B.83. Notwithstanding the fiscal years designated by the
appropriation, on determining that the amount of an aid paid is less than the school district's
entitlement, the commissioner is authorized to increase such aid from the current
appropriation. If the aid program has been discontinued and has no appropriation, the
appropriation for general education shall be used for recovery or payment of the aid decrease
or increase. Any excess of aid recovery over aid payment shall be canceled to the state
general fund.
Subd. 3.
Audits.
The commissioner shall establish procedures for conducting and shall
conduct audits of district records and files for the purpose of verifying district pupil counts,
levy limitations, deleted text begin anddeleted text end aid entitlementsnew text begin , and appropriate revenue usesnew text end . The commissioner
shall establish procedures for selecting and shall select districts to be audited. Disparities,
if any, between pupil counts, levy limitations, deleted text begin ordeleted text end aid entitlementsnew text begin , or revenue usesnew text end determined
by audit of district records and files and data reported by districts in reports, claims and
other documents shall be reviewed by the commissioner who shall order increases or
decreases accordingly.new text begin The commissioner may reduce an allocation to a district or charter
school if the statutorily prescribed uses of the revenue are not being met.new text end Whenever possible,
the commissioner shall audit at least deleted text begin 25deleted text end new text begin 50new text end districts each year pursuant to this subdivision.
Procedures adopted under this subdivision are not subject to chapter 14, including section
14.386, and may differ from the procedures under section 127A.42.
Subd. 4.
Less than deleted text begin 25deleted text end new text begin 50new text end districts audited.
If the commissioner audits fewer than deleted text begin 25deleted text end new text begin
50new text end districts in a fiscal year pursuant to subdivision 3, the commissioner shall report the
reasons for the number audited to the following legislative committees: house of
representatives education, house of representatives appropriations, senate education, and
senate finance.
Subd. 5.
District appeal of aid reduction; inspection of district schools and accounts
and records.
Public schools shall at all times be open to the inspection of the commissioner.
The accounts and records of any district must be open to inspection by the state auditor, or
the commissioner for the purpose of audits conducted under this section. Each district shall
keep for a minimum of three years at least the following: (1) identification of the annual
session days held, together with a record of the length of each session day, (2) a record of
each pupil's daily attendance, with entrance and withdrawal dates, and (3) identification of
the to-and-from school transportation category for each pupil as defined in section 123B.92,
subdivision 1.
Subd. 7.
Schedule adjustments.
(a) It is the intention of the legislature to encourage
efficient and effective use of staff and facilities by districts. Districts are encouraged to
consider both cost and energy saving measures.
(b) Any district operating a program pursuant to sections 124D.12 to 124D.127 or
124D.128, or operating a commissioner-designated area learning center program under
section 123A.09, or that otherwise receives the approval of the commissioner to operate its
instructional program to avoid an aid reduction in any year, may adjust the annual school
schedule for that program throughout the calendar year.
Subd. 8.
Appropriation transfers.
(a) If a direct appropriation from the general fund
to the department for any education aid or grant authorized in this chapter and chapters
122A, 123A, 123B, 124D, 124E, 125A, 126C, and 134, excluding appropriations under
sections 124D.135, 124D.16, 124D.20, 124D.22, 124D.52, 124D.531, 124D.55, and 124D.56,
exceeds the amount required, the commissioner may transfer the excess to any education
aid or grant appropriation that is insufficient. However, section 126C.20 applies to a
deficiency in the direct appropriation for general education aid. Excess appropriations must
be allocated proportionately among aids or grants that have insufficient appropriations. The
commissioner of management and budget shall make the necessary transfers among
appropriations according to the determinations of the commissioner. If the amount of the
direct appropriation for the aid or grant plus the amount transferred according to this
subdivision is insufficient, the commissioner shall prorate the available amount among
eligible districts. The state is not obligated for any additional amounts.
(b) Transfers for aids paid under section 127A.45, subdivisions 12 and 13, shall be made
during the fiscal year after the fiscal year of the entitlement. Transfers for aids paid under
section 127A.45, subdivisions 11 and 12a, shall be made during the fiscal year of the
appropriation.
Subd. 9.
Appropriation transfers for community education programs.
If a direct
appropriation from the general fund to the Department of Education for an education aid
or grant authorized under section 124D.135, 124D.16, 124D.20, 124D.22, 124D.52,
124D.531, 124D.55, or 124D.56 exceeds the amount required, the commissioner of education
may transfer the excess to any education aid or grant appropriation that is insufficiently
funded under these sections. Excess appropriations shall be allocated proportionately among
aids or grants that have insufficient appropriations. The commissioner of management and
budget shall make the necessary transfers among appropriations according to the
determinations of the commissioner of education. If the amount of the direct appropriation
for the aid or grant plus the amount transferred according to this subdivision is insufficient,
the commissioner shall prorate the available amount among eligible districts. The state is
not obligated for any additional amounts.
deleted text begin Subd. 10. deleted text end
deleted text begin Health and safety aid transfer. deleted text end
deleted text begin
The commissioner, with the approval of the
commissioner of management and budget, annually may transfer an amount from the
appropriation for health and safety aid to the appropriation for debt service aid for the same
fiscal year. The amount of the transfer equals the amount necessary to fund any shortage
in the debt service aid appropriation created by a data correction that occurs between
November 1 and June 30 of the preceding fiscal year.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2019 and later.
new text end
Sec. 8.
Minnesota Statutes 2016, section 127A.45, subdivision 11, is amended to read:
Subd. 11.
Payment percentage for reimbursement aids.
One hundred percent of the
aid for the previous fiscal year must be paid in the current year for the following aids:
telecommunications/Internet access equity and according to section 125B.26, special
education special pupil aid according to section 125A.75, subdivision 3, deleted text begin aid for litigation
costs according to section 125A.75, subdivision 9,deleted text end aid for court-placed special education
expenses according to section 125A.79, subdivision 4, and aid for special education
out-of-state tuition according to section 125A.79, subdivision 8, and shared time aid
according to section 126C.01, subdivision 7.
Sec. 9.
Minnesota Statutes 2016, section 127A.45, subdivision 16, is amended to read:
Subd. 16.
Payments to third parties.
Notwithstanding subdivision 3, the current year
aid payment percentage of the deleted text begin amountsdeleted text end new text begin amountnew text end under deleted text begin sections 123A.26, subdivision 3, anddeleted text end new text begin
sectionnew text end 124D.041deleted text begin ,deleted text end shall be paid in equal installments on August 30, December 30, and
March 30, with a final adjustment payment on October 30 of the next fiscal year of the
remaining amount.
Sec. 10.
Minnesota Statutes 2016, section 471.59, subdivision 1, is amended to read:
Subdivision 1.
Agreement.
new text begin (a) new text end Two or more governmental units, by agreement entered
into through action of their governing bodies, may jointly or cooperatively exercise any
power common to the contracting parties or any similar powers, including those which are
the same except for the territorial limits within which they may be exercised. The agreement
may provide for the exercise of such powers by one or more of the participating governmental
units on behalf of the other participating units.
new text begin (b)new text end The term "governmental unit" as used in this section includes every city, county,
town, school district, new text begin service cooperative under section 123A.21, new text end independent nonprofit
firefighting corporation, other political subdivision of this or another state, another state,
federally recognized Indian tribe, the University of Minnesota, the Minnesota Historical
Society, nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation facilities
and extended employment providers that are certified by the commissioner of employment
and economic development, day and supported employment services licensed under chapter
245D, and any agency of the state of Minnesota or the United States, and includes any
instrumentality of a governmental unit. For the purpose of this section, an instrumentality
of a governmental unit means an instrumentality having independent policy-making and
appropriating authority.
Sec. 11.
Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 2,
is amended to read:
Subd. 2.
General education aid.
For general education aid under Minnesota Statutes,
section 126C.13, subdivision 4:
| $ |
deleted text begin
7,032,051,000 deleted text end new text begin 7,078,769,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
7,227,809,000 deleted text end new text begin 7,239,221,000 new text end |
..... |
2019 |
The 2018 appropriation includes $686,828,000 for 2017 and deleted text begin $6,345,223,000deleted text end new text begin
$6,391,941,000new text end for 2018.
The 2019 appropriation includes deleted text begin $705,024,000deleted text end new text begin $683,110,000new text end for 2018 and
deleted text begin $6,522,785,000deleted text end new text begin $6,556,111,000new text end for 2019.
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. new text begin FUND TRANSFERS.
new text end
new text begin Subdivision 1. new text end
new text begin Minnetonka school district. new text end
new text begin
(a) Notwithstanding Minnesota Statutes,
section 123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent
School District No. 276, Minnetonka, may permanently transfer up to $2,400,000 from its
community education reserve fund balance to its reserved for operating capital account in
the general fund.
new text end
new text begin
(b) The transferred funds must be used only to design, construct, furnish, and equip an
early childhood classroom addition.
new text end
new text begin Subd. 2. new text end
new text begin Ivanhoe school district. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79,
123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent School District No.
403, Ivanhoe, may permanently transfer up to $79,000 from its community education reserve
fund balance to its undesignated general fund.
new text end
new text begin Subd. 3. new text end
new text begin Minneapolis school district. new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section
123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Special School District
No. 1, Minneapolis, may permanently transfer up to $5,500,000 from its community
education reserve fund balance to its undesignated general fund.
new text end
new text begin
(b) The transferred funds must be used only for school support services, including mental
health services.
new text end
new text begin Subd. 4. new text end
new text begin Hopkins school district. new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section
123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent School
District No. 270, Hopkins, may permanently transfer up to $500,000 from its community
education reserve fund balance to its reserved for operating capital account in the general
fund.
new text end
new text begin
(b) The transferred funds must be used only to design, construct, furnish, and equip an
early childhood classroom addition.
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. new text begin SCHOOL REVENUE GENERATION AND SPENDING; LEGISLATIVE
AUDITOR STUDY.
new text end
new text begin
(a) The legislative auditor is requested to conduct a study of how students in
prekindergarten through grade 12 generate revenue and compare how that revenue is spent
and reported at the school level for a sample of school districts.
new text end
new text begin
(b) The study shall focus on a sample of school districts and include the following topics:
new text end
new text begin
(1) the extent to which the funding generated by students is spent at the school sites
those students attend;
new text end
new text begin
(2) how district calculations of actual salaries for teachers and staff compare to average
salaries and how those calculations may impact per pupil expenditures at the school level;
new text end
new text begin
(3) how per pupil expenditures within a given school district compare across school
sites, including expenditures to reduce class sizes, hire additional support staff, and support
other resources;
new text end
new text begin
(4) the extent to which revenue sources for a given school district vary by school site,
including state and local funding and philanthropic and parent association funds;
new text end
new text begin
(5) whether there is currently variation in reporting across schools in the Uniform
Financial Accounting and Reporting Standards (UFARS) system; and
new text end
new text begin
(6) what steps the Department of Education can take to ensure consistent and accurate
UFARS reporting from schools and districts on school-level revenue and expenditures.
new text end
new text begin
(c) The legislative auditor must deliver the study findings to the chairs and ranking
minority members of the legislative committees with primary jurisdiction over kindergarten
through grade 12 education no later than February 1, 2019.
new text end
Sec. 14. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Commissioner of education. new text end
new text begin
The sum indicated in this section is
appropriated from the general fund to the commissioner of education in the fiscal year
designated.
new text end
new text begin Subd. 2. new text end
new text begin St. Cloud English language learner summer program. new text end
new text begin
(a) For a grant to
Independent School District No. 742, St. Cloud, for a summer language academy providing
targeted services and extended year programming for English language learners:
new text end
|
new text begin
$ new text end |
new text begin
420,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) A program funded under this subdivision must:
new text end
new text begin
(1) provide a research-based language summer instructional program to help English
learners, as defined in Minnesota Statutes, section 124D.59, subdivision 2, acquire English
and achieve academic excellence;
new text end
new text begin
(2) be consistent with English language development standards under Minnesota Rules,
parts 3501.1200 and 3501.1210; and
new text end
new text begin
(3) provide instruction by a highly qualified teacher of English as a second language.
new text end
new text begin
(c) Independent School District No. 742, St. Cloud, must report to the education
committees of the legislature by January 15, 2021, on the program's design, student
participation levels, and any measurable outcomes of the program.
new text end
new text begin
(d) This is a onetime appropriation.
new text end
new text begin
(e) This appropriation does not cancel and is available until June 30, 2021.
new text end
new text begin Subd. 3. new text end
new text begin School bus safety campaign. new text end
new text begin
(a) For transfer to the commissioner of public
safety for an education and awareness campaign on passing school buses:
new text end
|
new text begin
$ new text end |
new text begin
50,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) This is a onetime appropriation.
new text end
new text begin
(c) The campaign must be designed to: (1) help reduce occurrences of motor vehicles
unlawfully passing school buses; and (2) inform drivers about the safety of pupils boarding
and unloading from school buses, including (i) laws requiring a motor vehicle to stop when
a school bus has extended the stop-signal arm and is flashing red lights, and (ii) penalties
for violations. When developing the campaign, the commissioner must identify best practices,
review effective communication methods to educate drivers, and consider multiple forms
of media to convey the information.
new text end
Sec. 15. new text begin APPROPRIATION; SCHOOL REVENUE GENERATION AND
SPENDING; LEGISLATIVE AUDITOR STUDY.
new text end
new text begin
$200,000 in fiscal year 2019 is appropriated from the general fund to the Office of the
Legislative Auditor for the legislative auditor to study and report on school revenue
generation and spending outlined in section 13. This is a onetime appropriation.
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. new text begin DUPLICATE APPROPRIATIONS.
new text end
new text begin
If an appropriation in this act from the general fund or any other fund is enacted more
than once in the 2018 legislative session, the appropriation must be given effect only once.
new text end
ARTICLE 2
STUDENT AND SCHOOL SAFETY
Section 1.
new text begin
[121A.35] SCHOOL THREAT ASSESSMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin School threat assessment. new text end
new text begin
"School threat assessment" means a fact-based
process using an integrated team approach that helps schools evaluate and assess potentially
threatening situations or students whose behavior may pose a threat to the safety of school
staff or students.
new text end
new text begin Subd. 2. new text end
new text begin Policy. new text end
new text begin
A school board must adopt a policy to establish threat assessment teams
to conduct school threat assessments consistent with subdivision 1. A threat assessment
policy must be consistent with district policies developed in accordance with sections
121A.031 and 121A.035, and with any guidance provided by the Department of Public
Safety's School Safety Center. A threat assessment policy must include procedures for
referrals to mental health centers or health care providers for evaluation or treatment, when
appropriate.
new text end
new text begin Subd. 3. new text end
new text begin Oversight committees. new text end
new text begin
The superintendent of a school district must establish
a committee charged with oversight of the threat assessment teams operating within the
district, which may be an existing committee established by the school board.
new text end
new text begin Subd. 4. new text end
new text begin Threat assessment teams. new text end
new text begin
(a) The superintendent of a school district must
establish, for each school, a threat assessment team that includes, to the extent practicable,
school officials with expertise in counseling, school administration, students with disabilities,
and law enforcement. A threat assessment team may serve one or more schools, as determined
by the superintendent.
new text end
new text begin
(b) A threat assessment team must:
new text end
new text begin
(1) provide guidance to students, faculty, and staff regarding recognition of threatening
or aberrant behavior that may represent a threat to the community, school, or self;
new text end
new text begin
(2) consider whether there is sufficient information to determine whether or not a student
poses a threat;
new text end
new text begin
(3) identify members of the community to whom threatening behavior should be reported;
new text end
new text begin
(4) implement a policy adopted by the school board under subdivision 2; and
new text end
new text begin
(5) report summary data on its activities according to guidance developed by the School
Safety Center.
new text end
new text begin
(c) Upon a preliminary determination that a student poses a threat of violence or physical
harm to self or others, a threat assessment team must immediately report its determination
to the district superintendent or the superintendent's designee, who must immediately attempt
to notify the student's parent or legal guardian. The threat assessment team must consider
services to address the student's underlying issues, which may include counseling, social
work services, character education consistent with section 120B.232, evidence-based
academic and positive behavioral interventions and supports, mental health services, and
referrals for special education or section 504 evaluations.
new text end
new text begin
(d) Upon determining that a student exhibits suicidal ideation or self-harm, a school
threat assessment team must follow the district's suicide prevention policy or protocol or
refer the student to an appropriate school-linked mental health professional or other support
personnel.
new text end
new text begin
(e) Nothing in this section precludes a school district official or employee from acting
immediately to address an imminent threat.
new text end
new text begin Subd. 5. new text end
new text begin Redisclosure. new text end
new text begin
(a) A threat assessment team member must not redisclose
educational records or use any record of an individual beyond the purpose for which the
disclosure was made to the threat assessment team.
new text end
new text begin
(b) Nothing in this section prohibits the disclosure of educational records in health,
including mental health, and safety emergencies in accordance with state and federal law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2019-2020 school year and later.
new text end
Sec. 2.
Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin
Nonexclusionary disciplinary policies and practices; alternatives to pupil
dismissal.
new text end
new text begin
"Nonexclusionary disciplinary policies and practices" means policies and practices
that require school officials to intervene in, redirect, and support a pupil's behavior before
dismissing a pupil from school. Nonexclusionary disciplinary policies and practices include
evidence-based positive behavioral interventions and supports, social and emotional learning,
character education consistent with section 120B.232, school-linked mental health services,
counseling services, social work services, referrals for special education or 504 evaluations,
academic screening for Title I services or reading interventions, and alternative education
services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 3.
new text begin
[121A.441] EXPULSION FOR MAKING A THREAT OF VIOLENCE.
new text end
new text begin
Notwithstanding the time limitation in section 121A.41, subdivision 5, a school board
must expel for a period of at least one year a pupil who makes a threat of gun violence
against another person or makes a threat of violence with the intent to cause evacuation of
a school site or school administration building. A school board may modify this expulsion
requirement for a pupil on a case-by-case basis.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 4.
Minnesota Statutes 2016, section 121A.45, subdivision 1, is amended to read:
Subdivision 1.
Provision of alternative programs.
deleted text begin No school shall dismiss any pupildeleted text end
deleted text begin without attempting todeleted text end deleted text begin provide alternative educational servicesdeleted text end new text begin Schools must consider, where
appropriate, using nonexclusionary disciplinary policies and practicesnew text end before dismissal
proceedings, except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 5.
Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Suspensions exceeding five consecutive school days. new text end
new text begin
The school administrator
must ensure that alternative education services are provided when a pupil is suspended for
more than five consecutive school days.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 6.
Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Minimum education services. new text end
new text begin
School officials must give a suspended pupil
the opportunity to complete all school work assigned during the pupil's suspension and to
receive full credit for satisfactorily completing the assignments. The school principal or
other person having administrative control of the school building or program is encouraged
to designate a district or school employee as a liaison to work with the pupil's teachers to
allow the suspended pupil to: (1) receive timely course materials and other information;
and (2) complete daily and weekly assignments and receive teachers' feedback.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 7.
Minnesota Statutes 2016, section 121A.47, subdivision 2, is amended to read:
Subd. 2.
Written notice.
Written notice of intent to take action deleted text begin shalldeleted text end new text begin mustnew text end :
deleted text begin (a)deleted text end new text begin (1)new text end be served upon the pupil and the pupil's parent or guardian personally or by mail;
deleted text begin (b)deleted text end new text begin (2)new text end contain a complete statement of the facts, a list of the witnesses and a description
of their testimony;
new text begin
(3) explain the grounds for expelling the pupil instead of imposing nonexclusionary
disciplinary policies and practices under section 121A.41, subdivision 12;
new text end
deleted text begin (c)deleted text end new text begin (4)new text end state the date, time, and place of the hearing;
deleted text begin (d)deleted text end new text begin (5)new text end be accompanied by a copy of sections 121A.40 to 121A.56;
deleted text begin (e)deleted text end new text begin (6)new text end describe deleted text begin alternative educational servicesdeleted text end new text begin the nonexclusionary disciplinary policies
and practicesnew text end accorded the pupil in an attempt to avoid the expulsion proceedings; and
deleted text begin (f)deleted text end new text begin (7)new text end inform the pupil and parent or guardian of the right to:
deleted text begin (1)deleted text end new text begin (i)new text end have a representative of the pupil's own choosing, including legal counsel, at the
hearing. The district deleted text begin shalldeleted text end new text begin mustnew text end advise the pupil's parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance resource list is available from
the Department of Educationnew text begin and is posted on the department's Web sitenew text end ;
deleted text begin (2)deleted text end new text begin (ii)new text end examine the pupil's records before the hearing;
deleted text begin (3)deleted text end new text begin (iii)new text end present evidence; and
deleted text begin (4)deleted text end new text begin (iv)new text end confront and cross-examine witnesses.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 8.
Minnesota Statutes 2016, section 121A.47, subdivision 14, is amended to read:
Subd. 14.
Admission or readmission plan.
(a) A school administrator deleted text begin shalldeleted text end new text begin mustnew text end prepare
and enforce an admission or readmission plan for any pupil who is excluded or expelled
from school. The plan deleted text begin maydeleted text end new text begin mustnew text end include measures to improve the pupil's behavior, deleted text begin includingdeleted text end new text begin
which may includenew text end completing a character education programdeleted text begin ,deleted text end consistent with section
120B.232, subdivision 1, deleted text begin anddeleted text end new text begin social and emotional learning, counseling, social work services,
mental health services, referrals for special education or 504 evaluation, and evidence-based
academic interventions. The plan mustnew text end require parental involvement in the admission or
readmission process, and may indicate the consequences to the pupil of not improving the
pupil's behavior.
(b) The definition of suspension under section 121A.41, subdivision 10, does not apply
to a student's dismissal from school for one school day or less, except as provided under
federal law for a student with a disability. Each suspension action may include a readmission
plan. A readmission plan must provide, where appropriate, alternative education services,
which must not be used to extend the student's current suspension period. Consistent with
section 125A.091, subdivision 5, a readmission plan must not obligate a parent or guardian
to provide psychotropic drugs to their student as a condition of readmission. School officials
must not use the refusal of a parent or guardian to consent to the administration of
psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or
examination of the student as a ground, by itself, to prohibit the student from attending class
or participating in a school-related activity, or as a basis of a charge of child abuse, child
neglect or medical or educational neglect.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 9.
Minnesota Statutes 2016, section 121A.53, subdivision 1, is amended to read:
Subdivision 1.
Exclusions and expulsions; physical assaults.
new text begin Consistent with
subdivision 2, new text end the school board must report through the department electronic reporting
system each exclusion or expulsion and each physical assault of a district employee by a
deleted text begin studentdeleted text end new text begin pupilnew text end within 30 days of the effective date of the dismissal action or assault to the
commissioner of education. This report must include a statement of deleted text begin alternative educational
servicesdeleted text end new text begin nonexclusionary disciplinary policies and practicesnew text end , or other sanction, intervention,
or resolution in response to the assault given the pupil and the reason for, the effective date,
and the duration of the exclusion or expulsion or other sanction, intervention, or resolution.
The report must also include the deleted text begin student'sdeleted text end new text begin pupil'snew text end age, grade, gender, race, and special
education status.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 10.
Minnesota Statutes 2016, section 121A.55, is amended to read:
121A.55 POLICIES TO BE ESTABLISHED.
(a) The commissioner of education shall promulgate guidelines to assist each school
board. Each school board deleted text begin shalldeleted text end new text begin mustnew text end establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
deleted text begin shalldeleted text end new text begin must include nonexclusionary disciplinary policies and practices consistent with section
121A.41, subdivision 12, andnew text end emphasize preventing dismissals through early detection of
problems deleted text begin and shalldeleted text end new text begin . The policies mustnew text end be designed to address students' inappropriate behavior
from recurring.
new text begin (b) new text end The policies shall recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period. The new text begin school is responsible for ensuring
that the new text end alternative educational servicesdeleted text begin , ifdeleted text end new text begin to be provided tonew text end the pupil deleted text begin wishes to take
advantage of them, must bedeleted text end new text begin arenew text end adequate to allow the pupil to make progress towards meeting
the graduation standards adopted under section 120B.02 deleted text begin anddeleted text end new text begin ,new text end help prepare the pupil for
readmissionnew text begin , and are consistent with section 121A.46, subdivision 6new text end .
new text begin
(c) For expulsion and exclusion dismissals:
new text end
new text begin
(1) the school district's continuing responsibility includes reviewing the pupil's school
work and grades on a quarterly basis to ensure the pupil is on track for readmission with
the pupil's peers until the student enrolls in a new district. School districts must communicate
on a regular basis with the pupil's parent or guardian to ensure the pupil is completing the
work assigned through the alternative educational services;
new text end
new text begin
(2) a pupil remains eligible for school-linked mental health services under section
245.4889 in the manner determined by the district until the pupil is enrolled in a new district;
and
new text end
new text begin
(3) the school district must provide to the pupil's parent or guardian a list of community
mental health programs after expulsion.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.
deleted text begin (c)deleted text end new text begin (e)new text end Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 11.
Minnesota Statutes 2016, section 121A.61, subdivision 2, is amended to read:
Subd. 2.
Grounds for removal from class.
The policy must establish the various grounds
for which a deleted text begin studentdeleted text end new text begin pupil new text end may be removed from a class in the district for a period of time
under the procedures specified in the policy. The policy must include a procedure for
notifying and meeting with a deleted text begin student'sdeleted text end new text begin pupil'snew text end parent or guardian to discuss the problem that
is causing the deleted text begin studentdeleted text end new text begin pupilnew text end to be removed from class after the deleted text begin studentdeleted text end new text begin pupilnew text end has been removed
from class more than deleted text begin tendeleted text end new text begin five new text end times in one school year. The grounds in the policy must
include at least the following provisions as well as other grounds determined appropriate
by the board:
deleted text begin (a)deleted text end new text begin (1)new text end willful conduct that significantly disrupts the rights of others to an education,
including conduct that interferes with a teacher's ability to teach or communicate effectively
with deleted text begin studentsdeleted text end new text begin pupilsnew text end in a class or with the ability of other deleted text begin studentsdeleted text end new text begin pupilsnew text end to learn;
deleted text begin (b)deleted text end new text begin (2)new text end willful conduct that endangers surrounding persons, including school district
employees, the deleted text begin studentdeleted text end new text begin pupil,new text end or other deleted text begin studentsdeleted text end new text begin pupilsnew text end , or the property of the school; and
deleted text begin (c)deleted text end new text begin (3)new text end willful violation of any rule of conduct specified in the discipline policy adopted
by the board.
Sec. 12.
Minnesota Statutes 2016, section 121A.67, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Parent notification. new text end
new text begin
A school administrator must make and document efforts
to immediately contact the parent or guardian of a pupil removed from a school building
or school grounds by a peace officer unless such notice is specifically prohibited by law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 13.
Minnesota Statutes 2016, section 123B.595, as amended by Laws 2017, First
Special Session chapter 5, article 5, sections 3 and 4, is amended to read:
123B.595 LONG-TERM FACILITIES MAINTENANCE REVENUE.
Subdivision 1.
Long-term facilities maintenance revenue.
deleted text begin
(a) For fiscal year 2017
only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193
times the district's adjusted pupil units times the lesser of one or the ratio of the district's
average building age to 35 years, plus the cost approved by the commissioner for indoor
air quality, fire alarm and suppression, and asbestos abatement projects under section
123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a
school district with an approved voluntary prekindergarten program under section 124D.151,
the cost approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would
have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes
2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school
district with an approved voluntary prekindergarten program under section 124D.151, the
cost approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end For fiscal year 2018 only, long-term facilities maintenance revenue equals the
greater of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of
one or the ratio of the district's average building age to 35 years, plus (ii) the cost approved
by the commissioner for indoor air quality, fire alarm and suppression, and asbestos
abatement projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more per site, plus (iii) for a school district with an approved voluntary prekindergarten
program under section 124D.151, the cost approved by the commissioner for remodeling
existing instructional space to accommodate prekindergarten instruction, or (2) the sum of
(i) the amount the district would have qualified for under Minnesota Statutes 2014, section
123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section
123B.591, and (ii) for a school district with an approved voluntary prekindergarten program
under section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction.
deleted text begin (c)deleted text end new text begin (b)new text end For fiscal year 2019 and later, long-term facilities maintenance revenue equals
the greater of (1) the sum of (i) $380 times the district's adjusted pupil units times the lesser
of one or the ratio of the district's average building age to 35 years, plus (ii) the cost approved
by the commissioner for indoor air quality, fire alarm and suppression, and asbestos
abatement projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more per site, plus (iii) for a school district with an approved voluntary prekindergarten
program under section 124D.151, the cost approved by the commissioner for remodeling
existing instructional space to accommodate prekindergarten instruction, or (2) the sum of
(i) the amount the district would have qualified for under Minnesota Statutes 2014, section
123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section
123B.591, and (ii) for a school district with an approved voluntary prekindergarten program
under section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction.
deleted text begin (d)deleted text end new text begin (c)new text end Notwithstanding paragraphs (a)deleted text begin ,deleted text end new text begin andnew text end (b), deleted text begin and (c),deleted text end a school district that qualified
for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1, paragraph
(a), for fiscal year 2010 remains eligible for funding under this section as a district that
would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59,
subdivision 1, paragraph (a), for fiscal year 2017 and later.
Subd. 2.
Long-term facilities maintenance revenue for a charter school.
deleted text begin
(a) For fiscal
year 2017 only, long-term facilities maintenance revenue for a charter school equals $34
times the adjusted pupil units.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end For fiscal year 2018 only, long-term facilities maintenance revenue for a charter
school equals $85 times the adjusted pupil units.
deleted text begin (c)deleted text end new text begin (b)new text end For fiscal year 2019 and later, long-term facilities maintenance revenue for a
charter school equals $132 times the adjusted pupil units.
Subd. 3.
Intermediate districts and other cooperative units.
Upon approval through
the adoption of a resolution by each member district school board of an intermediate district
or other cooperative units under section 123A.24, subdivision 2, and the approval of the
commissioner of education, a school district may include in its authority under this section
a proportionate share of the long-term maintenance costs of the intermediate district or
cooperative unit. The cooperative unit may issue bonds to finance the project costs or levy
for the costs, using long-term maintenance revenue transferred from member districts to
make debt service payments or pay project costs. Authority under this subdivision is in
addition to the authority for individual district projects under subdivision 1.
Subd. 4.
Facilities plans.
(a) To qualify for revenue under this section, a school district
or intermediate district, not including a charter school, must have a ten-year facility plan
adopted by the school board and approved by the commissioner. The plan must include
provisions for implementing a health and safety program that complies with health, safety,
and environmental regulations and best practices, including indoor air quality management
and remediation of lead hazards.new text begin The plan may include provisions for enhancing school
safety through physical modifications to school facilities as described in subdivision 4a.
new text end
(b) The district must annually update the plan, submit the plan to the commissioner for
approval by July 31, and indicate whether the district will issue bonds to finance the plan
or levy for the costs.
(c) For school districts issuing bonds to finance the plan, the plan must include a debt
service schedule demonstrating that the debt service revenue required to pay the principal
and interest on the bonds each year will not exceed the projected long-term facilities revenue
for that year.
new text begin Subd. 4a. new text end
new text begin School safety facility enhancements. new text end
new text begin
A school district may include in its
facilities plan a school safety facilities plan. School safety projects may include remodeling
and new construction for school security enhancements, public announcement systems,
emergency communications devices, and equipment and facility modifications related to
violence prevention and facility security.
new text end
Subd. 5.
Bond authorization.
(a) A school district may issue general obligation bonds
under this section to finance facilities plans approved by its board and the commissioner.
Chapter 475, except sections 475.58 and 475.59, must be complied with. The authority to
issue bonds under this section is in addition to any bonding authority authorized by this
chapter or other law. The amount of bonding authority authorized under this section must
be disregarded in calculating the bonding or net debt limits of this chapter, or any other law
other than section 475.53, subdivision 4.
(b) At least 20 days before the earliest of solicitation of bids, the issuance of bonds, or
the final certification of levies under subdivision 6, the district must publish notice of the
intended projects, the amount of the bond issue, and the total amount of district indebtedness.
(c) The portion of revenue under this section for bonded debt must be recognized in the
debt service fund.
Subd. 6.
Levy authorization.
A district may levy for costs related to an approved plan
under subdivision 4 as follows:
(1) if the district has indicated to the commissioner that bonds will be issued, the district
may levy for the principal and interest payments on outstanding bonds issued under
subdivision 5 after reduction for any aid receivable under subdivision 9;
(2) if the district has indicated to the commissioner that the plan will be funded through
levy, the district may levy according to the schedule approved in the plan after reduction
for any aid receivable under subdivision 9; or
(3) if the debt service revenue for a district required to pay the principal and interest on
bonds issued under subdivision 5 exceeds the district's long-term facilities maintenance
revenue for the same fiscal year, the district's general fund levy must be reduced by the
amount of the excess.
Subd. 7.
Long-term facilities maintenance equalization revenue.
deleted text begin
(a) For fiscal year
2017 only, a district's long-term facilities maintenance equalization revenue equals the lesser
of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end For fiscal year 2018 only, a district's long-term facilities maintenance equalization
revenue equals the lesser of (1) $292 times the adjusted pupil units or (2) the district's
revenue under subdivision 1.
deleted text begin (c)deleted text end new text begin (b)new text end For fiscal year 2019 and later, a district's long-term facilities maintenance
equalization revenue equals the lesser of (1) $380 times the adjusted pupil units or (2) the
district's revenue under subdivision 1.
deleted text begin (d)deleted text end new text begin (c)new text end Notwithstanding paragraphs (a) deleted text begin to (c)deleted text end new text begin and (b)new text end , a district's long-term facilities
maintenance equalization revenue must not be less than the lesser of the district's long-term
facilities maintenance revenue or the amount of aid the district received for fiscal year 2015
under new text begin Minnesota Statutes 2014, new text end section 123B.59, subdivision 6.
Subd. 8.
Long-term facilities maintenance equalized levy.
(a) deleted text begin For fiscal year 2017
and later,deleted text end A district's long-term facilities maintenance equalized levy equals the district's
long-term facilities maintenance equalization revenue minus the greater of:
(1) the lesser of the district's long-term facilities maintenance equalization revenue or
the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014,
section 123B.59, subdivision 6; or
(2) the district's long-term facilities maintenance equalization revenue times the greater
of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit
in the year preceding the year the levy is certified to 123 percent of the state average adjusted
net tax capacity per adjusted pupil unit for all school districts in the year preceding the year
the levy is certified.
(b) For purposes of this subdivision, "adjusted net tax capacity" means the value described
in section 126C.01, subdivision 2, paragraph (b).
Subd. 8a.
Long-term facilities maintenance unequalized levy.
deleted text begin For fiscal year 2017
and later,deleted text end A district's long-term facilities maintenance unequalized levy equals the difference
between the district's revenue under subdivision 1 and the district's equalization revenue
under subdivision 7.
Subd. 9.
Long-term facilities maintenance equalized aid.
deleted text begin For fiscal year 2017 and
later,deleted text end A district's long-term facilities maintenance equalized aid equals its long-term facilities
maintenance equalization revenue minus its long-term facilities maintenance equalized levy
times the ratio of the actual equalized amount levied to the permitted equalized levy.
Subd. 10.
Allowed uses for long-term facilities maintenance revenue.
(a) A district
may use revenue under this section for any of the following:
(1) deferred capital expenditures and maintenance projects necessary to prevent further
erosion of facilities;
(2) increasing accessibility of school facilities;
(3) health and safety capital projects under section 123B.57;
new text begin (4) school safety facility enhancements authorized under subdivision 4a;new text end or
deleted text begin (4)deleted text end new text begin (5)new text end by board resolution, to transfer money from the general fund reserve for long-term
facilities maintenance to the debt redemption fund to pay the amounts needed to meet, when
due, principal and interest on general obligation bonds issued under subdivision 5.
(b) A charter school may use revenue under this section for any purpose related to the
schoolnew text begin , including school safety facility enhancementsnew text end .
Subd. 11.
Restrictions on long-term facilities maintenance revenue.
Notwithstanding
subdivision 10, new text begin for projects other than school safety facility enhancements, new text end long-term
facilities maintenance revenue may not be used:
(1) for the construction of new facilities, remodeling of existing facilities, or the purchase
of portable classrooms;
(2) to finance a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement;
(3) for energy-efficiency projects under section 123B.65, for a building or property or
part of a building or property used for postsecondary instruction or administration, or for a
purpose unrelated to elementary and secondary education; or
(4) for deleted text begin violence prevention and facility security,deleted text end ergonomicsdeleted text begin , or emergency
communication devicesdeleted text end .
Subd. 12.
Reserve account.
The portion of long-term facilities maintenance revenue
not recognized under subdivision 5, paragraph (c), must be maintained in a reserve account
within the general fund.
Sec. 14.
Minnesota Statutes 2016, section 123B.61, is amended to read:
123B.61 PURCHASE OF CERTAIN EQUIPMENT.
new text begin (a) new text end The board of a district may issue general obligation certificates of indebtedness or
capital notes subject to the district debt limits to:
deleted text begin (a)deleted text end new text begin (1)new text end purchase vehicles, computers, telephone systems, cable equipment, photocopy
and office equipment, technological equipment for instruction, new text begin public announcement systems,
emergency communications devices, other equipment related to violence prevention and
facility security, new text end and other capital equipment having an expected useful life at least as long
as the terms of the certificates or notes;
deleted text begin (b)deleted text end new text begin (2)new text end purchase computer hardware and software, without regard to its expected useful
life, whether bundled with machinery or equipment or unbundled, together with application
development services and training related to the use of the computer; and
deleted text begin (c)deleted text end new text begin (3)new text end prepay special assessments.
new text begin (b) new text end The certificates or notes must be payable in not more than ten years and must be
issued on the terms and in the manner determined by the board, except that certificates or
notes issued to prepay special assessments must be payable in not more than 20 years. The
certificates or notes may be issued by resolution and without the requirement for an election.
The certificates or notes are general obligation bonds for purposes of section 126C.55.
new text begin (c) new text end A tax levy must be made for the payment of the principal and interest on the
certificates or notes, in accordance with section 475.61, as in the case of bonds. The sum
of the tax levies under this section and section 123B.62 for each year must not exceed the
lesser new text begin of the sum new text end of the amount of the district's total operating capital revenuenew text begin and safe
schools revenuenew text end or the sum of the district's levy in the general and community service funds
excluding the adjustments under this section for the year preceding the year the initial debt
service levies are certified.
new text begin (d) new text end The district's general fund levy for each year must be reduced by the sum ofnew text begin :
new text end
(1) the amount of the tax levies for debt service certified for each year for payment of
the principal and interest on the certificates or notes issued under this section as required
by section 475.61deleted text begin ,deleted text end new text begin ;
new text end
(2) the amount of the tax levies for debt service certified for each year for payment of
the principal and interest on bonds issued under section 123B.62deleted text begin ,deleted text end new text begin ;new text end and
(3) any excess amount in the debt redemption fund used to retire bonds, certificates, or
notes issued under this section or section 123B.62 after April 1, 1997, other than amounts
used to pay capitalized interest.
new text begin (e)new text end If the district's general fund levy is less than the amount of the reduction, the balance
shall be deducted first from the district's community service fund levy, and next from the
district's general fund or community service fund levies for the following year.
new text begin (f)new text end A district using an excess amount in the debt redemption fund to retire the certificates
or notes shall report the amount used for this purpose to the commissioner by July 15 of the
following fiscal year. A district having an outstanding capital loan under section 126C.69
or an outstanding debt service loan under section 126C.68 must not use an excess amount
in the debt redemption fund to retire the certificates or notes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 15.
Minnesota Statutes 2016, section 126C.44, is amended to read:
126C.44 SAFE SCHOOLS deleted text begin LEVYdeleted text end new text begin REVENUEnew text end .
new text begin Subdivision 1. new text end
new text begin Safe schools revenue. new text end
new text begin
(a) A school district's total safe schools revenue
equals the sum of:
new text end
new text begin
(1) the greater of $30,000 or $54 per adjusted pupil unit;
new text end
new text begin
(2) the amounts under subdivision 6; and
new text end
new text begin
(3) for a district not accessing revenue under subdivision 6, the amount under subdivision
7.
new text end
new text begin
(b) A school district's equalized safe schools revenue equals $36 times the district's
adjusted pupil units for that year.
new text end
new text begin
(c) A charter school's safe schools revenue equals $18 times its adjusted pupil units for
that year. The revenue must be reserved and used only for costs associated with safe schools
activities authorized under subdivision 5, paragraph (a), clauses (1) to (9), or for building
lease expenses not funded by charter school building lease aid that are attributable to facility
security enhancements made by the landlord after March 1, 2018.
new text end
new text begin Subd. 2. new text end
new text begin Safe schools equalized levy. new text end
deleted text begin (a) Each district may make a levy on all taxable
property located within the district for the purposes specified in this section. The maximum
amount which may be levied for all costs under this section shall be equal to $36 multiplied
by the district'sdeleted text end new text begin A school district's safe school equalized levy equals the product of its
equalized safe schools revenue under subdivision 1 times the lesser of one or the ratio of
its adjusted net tax capacity pernew text end adjusted pupil deleted text begin units for the school yeardeleted text end new text begin unit to 68.5 percent
of the statewide adjusted net tax capacity equalizing factornew text end .
new text begin Subd. 3. new text end
new text begin Safe schools aid. new text end
new text begin
(a) A school district's safe schools aid equals the sum of:
new text end
new text begin
(1) $18 times its adjusted pupil units for that year;
new text end
new text begin
(2) its safe schools equalization aid equal to the difference between its safe schools
equalized revenue minus its safe schools equalized levy;
new text end
new text begin
(3) its cooperative unit aid under subdivision 7; and
new text end
new text begin
(4) for fiscal year 2019 only, $6.50 times its adjusted pupil units for that year for school
district members of intermediate school districts.
new text end
new text begin
(b) A charter school's safe schools aid equals its safe schools revenue.
new text end
new text begin Subd. 4. new text end
new text begin Revenue reserved. new text end
deleted text begin The proceeds of the levydeleted text end new text begin A school district's safe schools
revenuenew text end must be reserved and used for deleted text begin directly fundingdeleted text end the deleted text begin followingdeleted text end purposes deleted text begin or for
reimbursing the cities and counties who contract with the district for the following purposes:deleted text end new text begin
authorized in subdivision 5.
new text end
new text begin Subd. 5. new text end
new text begin Revenue uses. new text end
new text begin
(a) A school district must use its safe schools revenue for the
following:
new text end
(1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace
officers and sheriffs for liaison in services in the district's schoolsnew text begin , whether through contract
or reimbursement to the city or county employing authoritynew text end ;
(2) to pay the costs for a drug abuse prevention program as defined in section 609.101,
subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools;
(4) to pay the costs for security in the district's schools and on school property;
(5) to pay the costs for other crime prevention, drug abuse, student and staff safety,
voluntary opt-in suicide prevention tools, and violence prevention measures taken by the
school district;
(6) to pay costs for licensed school counselors, licensed school nurses, licensed school
social workers, licensed school psychologists, and licensed alcohol and chemical dependency
counselors to help provide early responses to problems;
(7) to pay for facility security enhancements including laminated glass, public
announcement systems, emergency communications devices, and equipment and facility
modifications related to violence prevention and facility security;
(8) to pay for costs associated with improving the school climate; deleted text begin or
deleted text end
(9) to pay costs for colocating and collaborating with mental health professionals who
are not district employees or contractorsdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(10) by board resolution, to transfer money into the debt redemption fund to pay the
amounts needed to meet, when due, principal and interest payments on obligations issued
under sections 123B.61 and 123B.62 for purposes included in clause (7).
new text end
(b) For expenditures under paragraph (a), clause (1), the district must initially attempt
to contract for services to be provided by peace officers or sheriffs with the police department
of each city or the sheriff's department of the county within the district containing the school
receiving the services. If a local police department or a county sheriff's department does
not wish to provide the necessary services, the district may contract for these services with
any other police or sheriff's department located entirely or partially within the school district's
boundaries.
new text begin Subd. 6. new text end
new text begin Intermediate school districts. new text end
deleted text begin (c)deleted text end A school district that is a member of an
intermediate school district may deleted text begin include indeleted text end new text begin add tonew text end its new text begin levy new text end authority under this section the
costs associated with safe schools activities authorized under deleted text begin paragraph (a)deleted text end new text begin subdivision 5new text end
for intermediate school district programs. This new text begin levy new text end authority must not exceed $15 times
the adjusted pupil units of the member districts. This new text begin levy new text end authority is in addition to any
other authority authorized under this section. Revenue raised under this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end
must be transferred to the intermediate school district.
new text begin Subd. 7. new text end
new text begin Other cooperative units. new text end
new text begin
A school district that is a member of a cooperative
unit defined under section 123A.24, subdivision 2, other than a member of an intermediate
school district, is eligible for additional safe schools aid equal to $7.50 times its adjusted
pupil units for that year. Revenue raised under this subdivision must be transferred to the
cooperative unit.
new text end
new text begin Subd. 8. new text end
new text begin Reporting. new text end
new text begin
A school district or charter school receiving revenue under this
section must annually report safe schools expenditures to the commissioner, in the form
and manner specified by the commissioner. The report must show spending by functional
area and align with the revenue uses according to subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2019 and later.
new text end
Sec. 16.
Laws 2017, First Special Session chapter 5, article 2, section 56, is amended to
read:
Sec. 56. INTERMEDIATE SCHOOL DISTRICT MENTAL HEALTH
INNOVATION GRANT PROGRAM; APPROPRIATION.
(a) $2,450,000 in fiscal year 2018 and $2,450,000 in fiscal year 2019 are appropriated
from the general fund to the commissioner of human services for a grant program to fund
innovative projects to improve mental health outcomes for youth attending a qualifying
school unit.
(b) A "qualifying school unit" means an intermediate district organized under Minnesota
Statutes, section 136D.01, or a service cooperative organized under Minnesota Statutes,
section 123A.21, subdivision 1, paragraph (a), clause (2), that provides instruction to students
in a setting of federal instructional level 4 or higher. Grants under paragraph (a) must be
awarded to eligible applicants such that the services are proportionately provided among
qualifying school units. The commissioner shall calculate the share of the appropriation to
be used in each qualifying school unit by dividing the qualifying school unit's average daily
membership in a setting of federal instructional level 4 or higher for fiscal year 2016 by the
total average daily membership in a setting of federal instructional level 4 or higher for the
same year for all qualifying school units.
(c) An eligible applicant is an entity that has demonstrated capacity to serve the youth
identified in paragraph (a) and that is:
(1) certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
(2) a community mental health center under Minnesota Statutes, section 256B.0625,
subdivision 5;
(3) an Indian health service facility or facility owned and operated by a tribe or tribal
organization operating under United States Code, title 25, section 5321; deleted text begin or
deleted text end
(4) a provider of children's therapeutic services and supports as defined in Minnesota
Statutes, section 256B.0943deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) enrolled in medical assistance as a mental health or substance use disorder provider
agency and must employ at least two full-time equivalent mental health professionals as
defined in Minnesota Statutes, section 245.4871, subdivision 27, clauses (1) to (6), or alcohol
and drug counselors licensed or exempt from licensure under chapter 148F who are qualified
to provide clinical services to children and families.
new text end
(d) An eligible applicant must employ or contract with at least two licensed mental health
professionals as defined in Minnesota Statutes, section 245.4871, subdivision 27, clauses
(1) to (6), who have formal training in evidence-based practices.
(e) A qualifying school unit must submit an application to the commissioner in the form
and manner specified by the commissioner. The commissioner may approve an application
that describes models for innovative projects to serve the needs of the schools and students.
The commissioner may provide technical assistance to the qualifying school unit. The
commissioner shall then solicit grant project proposals and award grant funding to the
eligible applicants whose project proposals best meet the requirements of this section and
most closely adhere to the models created by the intermediate districts and service
cooperatives.
(f) To receive grant funding, an eligible applicant must obtain a letter of support for the
applicant's grant project proposal from each qualifying school unit the eligible applicant is
proposing to serve. An eligible applicant must also demonstrate the following:
(1) the ability to seek third-party reimbursement for services;
(2) the ability to report data and outcomes as required by the commissioner; and
(3) the existence of partnerships with counties, tribes, substance use disorder providers,
and mental health service providers, including providers of mobile crisis services.
(g) Grantees shall obtain all available third-party reimbursement sources as a condition
of receiving grant funds. For purposes of this grant program, a third-party reimbursement
source does not include a public school as defined in Minnesota Statutes, section 120A.20,
subdivision 1.
(h) The base budget for this program is $0. This appropriation is available until June 30,
2020.
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. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Commissioner of education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the commissioner of education for the specified
purposes.
new text end
new text begin Subd. 2. new text end
new text begin Safe schools aid. new text end
new text begin
(a) For safe schools aid under Minnesota Statutes, section
126C.44:
new text end
|
new text begin
$ new text end |
new text begin
20,256,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) For fiscal year 2019 only, each district's safe schools state aid equals its safe schools
revenue for fiscal year 2019 minus the safe schools levy certified by the school district for
taxes payable in 2018.
new text end
new text begin Subd. 3. new text end
new text begin Children's school-linked mental health grants. new text end
new text begin
For transfer to the
commissioner of human services for children's school-linked mental health grants under
Minnesota Statutes, section 245.4889, subdivision 1, paragraph (b), clause (8):
new text end
|
new text begin
$ new text end |
new text begin
5,000,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) Grants must be used to expand services, including to school districts or counties in
which school-linked mental health services are not available, and to fund transportation for
children using school-linked mental health services when school is not in session.
new text end
new text begin
(c) The commissioner must require grantees to use all available third-party reimbursement
sources as a condition of the receipt of grant funds. For purposes of this appropriation, a
third-party reimbursement source does not include a public school within the meaning of
Minnesota Statutes, section 120A.20, subdivision 1.
new text end
new text begin
(d) The base for fiscal year 2020 is $5,000,000.
new text end
new text begin Subd. 4. new text end
new text begin Physical security audit grants for public schools. new text end
new text begin
(a) For transfer to the
commissioner of public safety for grants to school districts and charter schools to reimburse
applicants for up to 100 percent of the cost for an audit of the physical security of public
school campuses and crisis management policies adopted pursuant to Minnesota Statutes,
section 121A.035, subdivision 2:
new text end
|
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) The commissioner of public safety must establish specific eligibility and application
criteria including a requirement that audits be conducted by consultants holding professional
certification deemed acceptable by the commissioner, including but not limited to a Certified
Protection Professional certification from the American Society for Industrial Security.
new text end
new text begin
(c) This is a onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin School resource officer training grants. new text end
new text begin
(a) For grants to reimburse school
districts and charter schools for up to one-half of the costs of school resource officer training:
new text end
|
new text begin
$ new text end |
new text begin
400,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) The commissioner and the director of the Minnesota School Safety Center are
encouraged to develop school resource officer training guidelines and provide school districts
and charter schools a list of approved school resource officer training programs.
new text end
new text begin
(c) A district or charter school seeking a grant under this subdivision must submit an
application in the form and manner specified by the commissioner of education.
Reimbursement must not exceed $500 per officer. The commissioner must prorate grant
amounts if the appropriation is insufficient to fully fund the state's share of the training.
new text end
new text begin
(d) A recipient school district or charter school and the local law enforcement agency
must enter into an agreement to pay for the remaining training costs for school resource
officer training. The school district or charter school and the law enforcement agency may
seek private funds to pay for the local share of the school resource officer training costs.
new text end
new text begin
(e) This is a onetime appropriation.
new text end
new text begin Subd. 6. new text end
new text begin Threat assessment grants. new text end
new text begin
(a) For grants to school districts for training for
members of threat assessment teams and oversight committees under Minnesota Statutes,
section 121A.35:
new text end
|
new text begin
$ new text end |
new text begin
300,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) The commissioner and the director of the Minnesota School Safety Center are
encouraged to develop threat assessment training guidelines and provide school districts a
list of approved threat assessment training programs.
new text end
new text begin
(c) This is a onetime appropriation.
new text end
new text begin
(d) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021. Any remaining balance is canceled to the
general fund.
new text end
new text begin Subd. 7. new text end
new text begin Suicide prevention training for teachers. new text end
new text begin
(a) For a grant to a nationally
recognized organization to offer evidence-based online training for teachers on suicide
prevention and engaging students experiencing mental distress:
new text end
|
new text begin
$ new text end |
new text begin
273,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) This is a onetime appropriation.
new text end
new text begin
(c) The recipient of the suicide prevention training grant under this subdivision must
make the training accessible to all Minnesota school districts, cooperative units defined
under Minnesota Statutes, section 123A.24, subdivision 2, tribal schools, and charter schools.
new text end
new text begin Subd. 8. new text end
new text begin For Jake's Sake Foundation. new text end
new text begin
(a) For a grant to the For Jake's Sake Foundation
to collaborate with school districts throughout Minnesota to integrate evidence-based
substance misuse prevention instruction on the dangers of substance misuse, particularly
the use of opioids, into school district programs and curricula, including health education
curricula:
new text end
|
new text begin
$ new text end |
new text begin
350,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) Funds appropriated in this subdivision are to:
new text end
new text begin
(1) identify effective substance misuse prevention tools and strategies, including
innovative uses of technology and media;
new text end
new text begin
(2) develop and promote a comprehensive substance misuse prevention curriculum for
students in grades 5 through 12 that educates students and families about the dangers of
substance misuse;
new text end
new text begin
(3) integrate substance misuse prevention into curricula across subject areas;
new text end
new text begin
(4) train school district teachers, athletic coaches, and other school staff in effective
substance misuse prevention strategies; and
new text end
new text begin
(5) collaborate with school districts to evaluate the effectiveness of districts' substance
misuse prevention efforts.
new text end
new text begin
(c) By February 15, 2019, the grantee must submit a report detailing expenditures and
outcomes of the grant to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over kindergarten through grade 12 education policy
and finance. The report must identify the school districts that have implemented or plan to
implement the substance misuse prevention curriculum.
new text end
new text begin
(d) This is a onetime appropriation.
new text end
new text begin
(e) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021. Any remaining balance is canceled to the
general fund.
new text end
ARTICLE 3
EDUCATION EXCELLENCE
Section 1.
Minnesota Statutes 2016, section 120A.20, subdivision 2, is amended to read:
Subd. 2.
Education, residence, and transportation of homeless.
(a) Notwithstanding
subdivision 1, a district must not deny free admission to a homeless pupil solely because
the district cannot determine that the pupil is a resident of the district.
(b) The school district of residence for a homeless pupil shall be the school district in
which the parent or legal guardian resides, unless: (1) parental rights have been terminated
by court order; (2) the parent or guardian is not living within the state; or (3) the parent or
guardian having legal custody of the child is an inmate of a Minnesota correctional facility
or is a resident of a halfway house under the supervision of the commissioner of corrections.
If any of clauses (1) to (3) apply, the school district of residence shall be the school district
in which the pupil resided when the qualifying event occurred. If no other district of residence
can be established, the school district of residence shall be the school district in which the
pupil currently resides. If there is a dispute between school districts regarding residency,
the district of residence is the district designated by the commissioner of education.
(c) new text begin Except as provided in paragraph (d), new text end the serving district is responsible for transporting
a homeless pupil to and from the pupil's district of residence. The district may transport
from a permanent home in another district but only through the end of the academic school
year. When a pupil is enrolled in a charter school, the district or school that provides
transportation for other pupils enrolled in the charter school is responsible for providing
transportation. When a homeless student with or without an individualized education program
attends a public school other than an independent or special school district or charter school,
the district of residence is responsible for transportation.
new text begin
(d) For a homeless pupil with an individualized education plan enrolled in a program
authorized by an intermediate school district, special education cooperative, service
cooperative, or education district, the serving district at the time of the pupil's enrollment
in the program remains responsible for transporting that pupil for the remainder of the school
year unless the initial serving district and the current serving district mutually agree that
the current serving district is responsible for transporting the homeless pupil.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 120A.22, subdivision 12, is amended to read:
Subd. 12.
Legitimate exemptions.
(a) A parent, guardian, or other person having control
of a child may apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may
be made to any member of the board, a truant officer, a principal, or the superintendent.
The school district may state in its school attendance policy that it may ask the student's
parent or legal guardian to verify in writing the reason for the child's absence from school.
A note from a physician or a licensed mental health professional stating that the child cannot
attend school is a valid excuse. The board of the district in which the child resides may
approve the application upon the following being demonstrated to the satisfaction of that
board:
(1) that the child's physical or mental health is such as to prevent attendance at school
or application to study for the period required, which includes:
(i) child illness, medical, dental, orthodontic, or counseling appointments;
(ii) family emergencies;
(iii) the death or serious illness or funeral of an immediate family member;
deleted text begin
(iv) active duty in any military branch of the United States;
deleted text end
deleted text begin (v)deleted text end new text begin (iv)new text end the child has a condition that requires ongoing treatment for a mental health
diagnosis; or
deleted text begin (vi)deleted text end new text begin (v)new text end other exemptions included in the district's school attendance policy;
new text begin
(2) that the child's parent, guardian, or other person having control of the child is in
active duty in any branch of the United States armed forces;
new text end
new text begin
(3) that the child is participating in any activity necessary for the child to join any branch
of the United States armed forces and may be excused for up to three days for such purpose;
new text end
deleted text begin (2)deleted text end new text begin (4)new text end that the child has already completed state and district standards required for
graduation from high school; or
deleted text begin (3)deleted text end new text begin (5)new text end that it is the wish of the parent, guardian, or other person having control of the
child, that the child attend for a period or periods not exceeding in the aggregate three hours
in any week, a school for religious instruction conducted and maintained by some church,
or association of churches, or any Sunday school association incorporated under the laws
of this state, or any auxiliary thereof. This school for religious instruction must be conducted
and maintained in a place other than a public school building, and it must not, in whole or
in part, be conducted and maintained at public expense. However, a child may be absent
from school on such days as the child attends upon instruction according to the ordinances
of some church.
(b) Notwithstanding subdivision 6, paragraph (a), a parent may withdraw a child from
an all-day, every day kindergarten program and put their child in a half-day program, if
offered, or an alternate-day program without being truant. A school board must excuse a
kindergarten child from a part of a school day at the request of the child's parent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 3.
Minnesota Statutes 2017 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;
(3) science;
(4) social studies, including history, geography, economics, and government and
citizenship that includes civics consistent with section 120B.02, subdivision 3;
(5) physical education;
(6) health, for which locally developed academic standards applynew text begin , consistent with
subdivision 1bnew text end ; and
(7) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; 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 must adopt the most recent SHAPE America (Society of Health and
Physical Educators) kindergarten through grade 12 standards and benchmarks for physical
education as the required physical education academic standards. The department may
modify and adapt the national standards to accommodate state interest. The modification
and adaptations must maintain the purpose and integrity of the national standards. The
department must make available sample assessments, which school districts may use as an
alternative to local assessments, to assess students' mastery of the physical education
standards beginning in the 2018-2019 school year.
deleted text begin
(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
deleted text end
deleted text begin
or classroom presentation. A school district may also provide parents information on the
warning signs of child sexual abuse and available resources.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end District efforts to develop, implement, or improve instruction or curriculum as a
result of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.
Sec. 4.
Minnesota Statutes 2016, section 120B.021, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Health standards. new text end
new text begin
(a) A school district's locally developed health standards
may include instruction on:
new text end
new text begin
(1) child sexual abuse, exploitation, and sexual assault prevention; and
new text end
new text begin
(2) substance misuse prevention in grades 5 through 12.
new text end
new text begin
Instruction under this subdivision must be age-appropriate. Nothing in this subdivision
requires a school district to use a specific methodology or curriculum. A school district may
provide instruction under this subdivision in a variety of ways, including at an annual
assembly or classroom presentation.
new text end
new text begin
(b) Child sexual abuse, exploitation, and sexual assault prevention instruction in a health
curriculum may include instruction on recognizing sexual abuse, exploitation and assault,
boundary violations, and ways offenders groom or desensitize victims, as well as strategies
to promote disclosure, reduce self-blame, and mobilize bystanders. Child sexual exploitation
prevention instruction must be consistent with the definition of sexually exploited youth
under section 260C.007, subdivision 31. A school district may provide information to parents
on the warning signs of child sexual abuse and sexual exploitation and available resources.
A school district is encouraged to include in sexual assault prevention instruction:
new text end
new text begin
(1) character education, as defined in section 120B.232;
new text end
new text begin
(2) age-appropriate strategies and techniques to recognize and report sexual abuse,
assault, or exploitation; and
new text end
new text begin
(3) age-appropriate information to deter boundary violations and unwanted forms of
touching and contact.
new text end
new text begin
(c) A school district's substance misuse prevention curriculum must be evidence-based.
Substance misuse prevention must include instruction on opioids and controlled substances
as defined in section 121A.25, subdivision 2, chemical abuse as defined in section 121A.25,
subdivision 3, prescription and nonprescription medications, and illegal drugs.
new text end
new text begin
(d) A school district may consult with other federal, state, or local agencies and
community-based organizations to identify research-based tools, curricula, and programs
to develop instruction required under this subdivision. The Department of Education must
assist districts when requested and may provide resources including information on best
practices, developing standards, curricula, and programs consistent with this subdivision.
new text end
new text begin
(e) Instruction under this subdivision is subject to the requirements of section 120B.20.
new text end
new text begin
(f) The commissioner of education must conduct a survey of school districts and charter
schools during the 2021-2022 school year on locally adopted health standards to determine
whether school districts and charter schools have implemented instruction consistent with
this subdivision. The commissioner must report the findings of the survey to the chairs and
ranking minority members of the legislative committees with jurisdiction over kindergarten
through grade 12 education in accordance with section 3.195 no later than January 15, 2023.
new text end
Sec. 5.
Minnesota Statutes 2016, section 120B.024, subdivision 1, is amended to read:
Subdivision 1.
Graduation requirements.
Students deleted text begin beginning 9th grade in the
2011-2012 school year and laterdeleted text end must successfully complete the following high school level
credits for graduation:
(1) four credits of language arts sufficient to satisfy all of the academic standards in
English language arts;
(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient
to satisfy all of the academic standards in mathematics;
(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade
standards in mathematics;
(4) three credits of science, including at least one credit of biology, one credit of chemistry
or physics, and one elective credit of science. The combination of credits under this clause
must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics
and (ii) all other academic standards in science;
(5) three and one-half credits of social studies, new text begin including credit for a specific course in
government and citizenship in either 11th or 12th grade for students beginning 9th grade
in the 2020-2021 school year and later, and a combination of other credits new text end encompassing
at least United States history, geography, government and citizenship, world history, and
economics sufficient to satisfy all of the academic standards in social studies;
(6) one credit of the arts sufficient to satisfy all of the state or local academic standards
in the arts; and
(7) a minimum of seven elective credits.
Sec. 6.
Minnesota Statutes 2016, section 120B.11, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section and section 120B.10, the
following terms have the meanings given them.
(a) "Instruction" means methods of providing learning experiences that enable a student
to meet state and district academic standards and graduation requirements including applied
and experiential learning.
(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.
(c) "World's best workforce" means striving to: meet school readiness goals; have all
third grade students achieve grade-level literacy; close the academic achievement gap among
all racial and ethnic groups of students and between students living in poverty and students
not living in poverty; have all students attain career and college readiness before graduating
from high school; and have all students graduate from high school.
(d) "Experiential learning" means learning for students that includes career exploration
through a specific class or course or through work-based experiences such as job shadowing,
mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative
work experience, youth apprenticeship, or employment.
new text begin
(e) "State plan" means the plan submitted by the commissioner in accordance with the
Elementary and Secondary Education Act, as most recently authorized, and approved by
the United States Department of Education, including state goals.
new text end
new text begin
(f) "Ineffective teacher" means a teacher whose most recent summative teacher evaluation
resulted in placing or otherwise keeping the teacher on an improvement process pursuant
to section 122A.40, subdivision 8, or 122A.41, subdivision 5.
new text end
new text begin
(g) "Inexperienced teacher" means a licensed teacher who has been employed as a teacher
for three years or less.
new text end
new text begin
(h) "Out-of-field teacher" means a licensed teacher who is providing instruction in an
area in which the teacher is not licensed.
new text end
Sec. 7.
Minnesota Statutes 2016, section 120B.11, subdivision 1a, is amended to read:
Subd. 1a.
Performance measures.
Measures to determine school district and school
site progress in striving to create the world's best workforce must include at least:
(1) the size of the academic achievement gapdeleted text begin ,deleted text end new text begin as measured on the Minnesota
Comprehensive Assessments;
new text end
new text begin (2)new text end rigorous course taking under section 120B.35, subdivision 3, paragraph (c), clause
(2), and enrichment experiences by student deleted text begin subgroupdeleted text end new text begin groupnew text end ;
deleted text begin (2)deleted text end new text begin (3)new text end student performance on the Minnesota Comprehensive Assessmentsnew text begin in reading
and mathematicsnew text end ;
deleted text begin (3)deleted text end new text begin (4)new text end high school graduation rates; deleted text begin and
deleted text end
deleted text begin (4)deleted text end new text begin (5)new text end career and college readiness under section 120B.30, subdivision 1deleted text begin .deleted text end new text begin , paragraph
(p), as measured by student performance on the high school Minnesota Comprehensive
Assessments in reading and mathematics, and successful completion of rigorous coursework
that is part of a well-rounded education, including advanced placement, international
baccalaureate, or concurrent enrollment coursework, or attainment of a certificate or
industry-recognized credential; and
new text end
new text begin
(6) performance measures consistent with the state plan not otherwise required by this
subdivision.
new text end
Sec. 8.
Minnesota Statutes 2016, section 120B.11, subdivision 2, is amended to read:
Subd. 2.
Adopting plans and budgets.
A school board, at a public meeting, deleted text begin shalldeleted text end new text begin mustnew text end
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:
(1) clearly defined district and school site deleted text begin goals anddeleted text end benchmarks deleted text begin fordeleted text end new text begin toward meeting
statewide goals fornew text end instruction and student achievement for all student subgroups identified
in section 120B.35, subdivision 3, paragraph (b), clause (2);
(2) a process to assess and evaluate each student's progress toward meeting state and
local academic standards, assess and identify students to participate in gifted and talented
programs and accelerate their instruction, and adopt early-admission procedures consistent
with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit
of student and school success and curriculum affecting students' progress and growth toward
career and college readiness and leading to the world's best workforce;
(3) a system to periodically review and evaluate the effectiveness of all instruction and
curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, students' access to effective
teachers who are members of populations underrepresented among the licensed teachers in
the district or school and who reflect the diversity of enrolled students under section 120B.35,
subdivision 3, paragraph (b), clause (2), and teacher evaluations under section 122A.40,
subdivision 8, or 122A.41, subdivision 5;
(4) strategies for improving instruction, curriculum, and student achievement, including
the English and, where practicable, the native language development and the academic
achievement of English learners;
(5) a process to examine the equitable distribution of teachers and strategies to ensure
low-income and minority children are not taught at higher rates than other children by
inexperienced, ineffective, or out-of-field teachers;
(6) education effectiveness practices that integrate high-quality instruction, rigorous
curriculum, technology, and a collaborative professional culture that develops and supports
teacher quality, performance, and effectiveness; and
(7) an annual budget for continuing to implement the district plan.
Sec. 9.
Minnesota Statutes 2016, section 120B.11, subdivision 5, is amended to read:
Subd. 5.
Report.
deleted text begin Consistent with requirements for school performance reports under
section 120B.36, subdivision 1, the school board shall publish a report in the local newspaper
with the largest circulation in the district, by mail, or by electronic means on the district
Web site.deleted text end new text begin (a) new text end The school board deleted text begin shalldeleted text end new text begin mustnew text end hold an annual public meeting to review, and
revise where appropriate, student achievement goals, local assessment outcomes, plans,
strategies, and practices for improving curriculum and instruction and cultural competency,
and efforts to equitably distribute diverse, effective, experienced, and in-field teachers, and
to review district success in realizing the previously adopted student achievement goals and
related benchmarks and the improvement plans leading to the world's best workforce. The
school board must transmit an electronic summary of its report to the commissioner in the
form and manner the commissioner determines.
new text begin
(b) The commissioner must annually include in the school performance reports required
under section 120B.36, subdivision 1, student performance at each school district and school
site using the performance measures in subdivision 1a and other information required under
this subdivision. The school board must post a copy of the school performance report for
the district and each school site on the district's Web site, or provide a link to the district
and school site performance reports on the Department of Education's Web site.
new text end
Sec. 10.
Minnesota Statutes 2016, section 120B.11, subdivision 9, is amended to read:
Subd. 9.
Annual evaluation.
(a) The commissioner must identify effective strategies,
practices, and use of resources by districts and school sites in striving for the world's best
workforce. The commissioner must assist districts and sites throughout the state in
implementing these effective strategies, practices, and use of resources.
(b) The commissioner must new text begin use the performance measures in the accountability system
of the state plan, including academic achievement in math and reading, graduation rates,
and a school quality indicator, to new text end identify deleted text begin thosedeleted text end districts deleted text begin in any consecutive three-year perioddeleted text end new text begin
and school sitesnew text end not making sufficient progress new text begin in any consecutive three-year period new text end toward
deleted text begin improving teaching and learning for all students, including English learners with varied
needs, consistent with section 124D.59, subdivisions 2 and 2a, and striving for the world's
best workforce.deleted text end new text begin meeting state goals. The commissioner must implement evaluation timelines
and measures consistent with the state plan. The commissioner may identify districts or
school sites that do not provide information required for evaluation as failing to make
sufficient progress toward meeting state goals. The commissioner may evaluate, designate,
and report on school districts and charter schools separately, consistent with the evaluation
process under the state plan.
new text end
new text begin
(c) The commissioner must review the curricula of a sample of three to five identified
school sites to ensure the curricula are aligned with statewide reading and math standards
for grades 3, 5, and 8. The sample of school sites must be of varied size and geographic
distribution.
new text end
new text begin (d)new text end The commissioner, in collaboration with the identified district, may require the
district to use up to two percent of its basic general education revenue per fiscal year during
the proximate three school years to implement deleted text begin commissioner-specifieddeleted text end new text begin evidence-basednew text end
strategies and new text begin best new text end practices, consistent with paragraph (a), to improve and accelerate its
progress in realizing its goals under this section. In implementing this section, the
commissioner must consider districts' budget constraints and legal obligations.
deleted text begin (c)deleted text end new text begin (e)new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end report by January 25 of each year to the committees
of the legislature having jurisdiction over kindergarten through grade 12 education the list
of school districts that have not submitted their report to the commissioner under subdivision
5 and the list of school districts deleted text begin not achieving their performance goals established in their
plan under subdivision 2deleted text end new text begin identified as not making sufficient progress toward meeting world's
best workforce goals under paragraph (b)new text end .
Sec. 11.
Minnesota Statutes 2016, section 120B.12, as amended by Laws 2017, First
Special Session chapter 5, article 2, sections 5, 6, and 7, is amended to read:
120B.12 READING PROFICIENTLY NO LATER THAN THE END OF GRADE
3.
Subdivision 1.
Literacy goal.
The legislature seeks to have every child reading at or
above grade level no later than the end of grade 3, including English learners, and that
teachers provide comprehensive, scientifically based reading instruction consistent with
section 122A.06, subdivision 4.new text begin To the extent practicable, a school district must direct its
literacy incentive aid received under section 124D.98 toward this goal consistent with its
local literacy plan adopted under this section.
new text end
Subd. 2.
Identification; report.
(a) Each school district deleted text begin shalldeleted text end new text begin mustnew text end identify before the
end of kindergarten, grade 1, and grade 2 students who are not reading at grade level before
the end of the current school year and deleted text begin shalldeleted text end new text begin mustnew text end identify students in grade 3 or higher who
demonstrate a reading difficulty to a classroom teacher. new text begin A school district must screen for
dyslexia:
new text end
new text begin
(1) all students in kindergarten, grade 1, and grade 2 who are not reading at grade level;
and
new text end
new text begin
(2) any student in grade 3 or higher who demonstrates a reading difficulty.
new text end
new text begin (b) new text end Reading assessments in English, and in the predominant languages of district students
where practicable, must identify and evaluate students' areas of academic need related to
literacy. The district also must monitor the progress and provide reading instruction
appropriate to the specific needs of English learners. The district must use a locally adopted,
developmentally appropriate, and culturally responsive assessment and annually report
summary assessment results to the commissioner by July 1.
new text begin (c)new text end The district deleted text begin alsodeleted text end must annually report to the commissioner by July 1 a summary of
the district's efforts to screen and identify students with:
(1) dyslexia, using screening tools such as those recommended by the department's
dyslexia and literacy specialist; or
(2) convergence insufficiency disorder.
deleted text begin (b)deleted text end new text begin (d)new text end A student identified under this subdivision must be provided with alternate
instruction under section 125A.56, subdivision 1.
Subd. 2a.
Parent notification and involvement.
Schools, at least annually, must give
the parent of each student who is not reading at or above grade level timely information
about:
(1) the student's reading proficiency as measured by a locally adopted assessment;
(2) reading-related services currently being provided to the student and the student's
progress; and
(3) strategies for parents to use at home in helping their student succeed in becoming
grade-level proficient in reading in English and in their native language.
A district may not use this section to deny a student's right to a special education
evaluation.
Subd. 3.
Intervention.
(a) For each student identified under subdivision 2, the district
deleted text begin shalldeleted text end new text begin mustnew text end provide reading intervention to accelerate student growth and reach the goal of
reading at or above grade level by the end of the current grade and school year. If a student
does not read at or above grade level by the end of grade 3, the district must continue to
provide reading intervention until the student reads at grade level. District intervention
methods shall encourage family engagement and, where possible, collaboration with
appropriate school and community programs. Intervention methods may include, but are
not limited to, requiring attendance in summer school, intensified reading instruction that
may require that the student be removed from the regular classroom for part of the school
day, extended-day programs, or programs that strengthen students' cultural connections.
(b) A school district or charter school is strongly encouraged to provide a personal
learning plan for a student who is unable to demonstrate grade-level proficiency, as measured
by the statewide reading assessment in grade 3. The district or charter school must determine
the format of the personal learning plan in collaboration with the student's educators and
other appropriate professionals. The school must develop the learning plan in consultation
with the student's parent or guardian. The personal learning plan must address knowledge
gaps and skill deficiencies through strategies such as specific exercises and practices during
and outside of the regular school day, periodic assessments, and reasonable timelines. The
personal learning plan may include grade retention, if it is in the student's best interest. A
school must maintain and regularly update and modify the personal learning plan until the
student reads at grade level. This paragraph does not apply to a student under an
individualized education program.
Subd. 4.
Staff development.
new text begin (a) new text end Each district deleted text begin shalldeleted text end new text begin mustnew text end use the data under subdivision
2 to identify the staff development needs so that:
(1) elementary teachers are able to implement comprehensive, scientifically based reading
and oral language instruction in the five reading areas of phonemic awareness, phonics,
fluency, vocabulary, and comprehension as defined in section 122A.06, subdivision 4, and
other literacy-related areas including writing until the student achieves grade-level reading
proficiency;
(2) elementary teachers have sufficient training to provide comprehensive, scientifically
based reading and oral language instruction that meets students' developmental, linguistic,
and literacy needs using the intervention methods or programs selected by the district for
the identified students;
(3) licensed teachers employed by the district have regular opportunities to improve
reading and writing instructionnew text begin , including screenings, intervention strategies, and
accommodations for students showing characteristics associated with dyslexianew text end ;
(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are
able to serve the oral language and linguistic needs of students who are English learners by
maximizing strengths in their native languages in order to cultivate students' English language
development, including oral academic language development, and build academic literacy;
and
(5) licensed teachers are well trained in culturally responsive pedagogy that enables
students to master content, develop skills to access content, and build relationships.
new text begin
(b) A school district may use its literacy incentive aid under section 124D.98 for the
staff development purposes of this subdivision.
new text end
Subd. 4a.
Local literacy plan.
(a) Consistent with this section, a school district must
adopt a local literacy plan to have every child reading at or above grade level no later than
the end of grade 3, including English learners. The plan must be consistent with section
122A.06, subdivision 4, and include the following:
(1) a process to assess students' level of reading proficiency and data to support the
effectiveness of an assessment used to screen and identify a student's level of reading
proficiency;
(2) a process to notify and involve parents;
(3) a description of how schools in the district will determine the proper reading
intervention strategy for a student and the process for intensifying or modifying the reading
strategy in order to obtain measurable reading progress;
(4) evidence-based intervention methods for students who are not reading at or above
grade level and progress monitoring to provide information on the effectiveness of the
intervention; and
(5) identification of staff development needs, including a program to meet those needs.
(b) The district must post its literacy plan on the official school district Web site.
Subd. 5.
Commissioner.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end recommend to districts multiple
assessment tools to assist districts and teachers with identifying students under subdivision
2. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end also make available examples of nationally recognized and
research-based instructional methods or programs to districts to provide comprehensive,
scientifically based reading instruction and intervention under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivision 2 is effective July 1, 2019. Subdivisions 1 and 3 to
5 are effective for revenue for fiscal year 2019 and later.
new text end
Sec. 12.
Minnesota Statutes 2017 Supplement, section 120B.122, subdivision 1, is amended
to read:
Subdivision 1.
deleted text begin Purposedeleted text end new text begin Dutiesnew text end .
new text begin (a) new text end The department must employ a dyslexia specialist
to provide technical assistance for dyslexia and related disorders and to serve as the primary
source of information and support for schools in addressing the needs of students with
dyslexia and related disorders.
new text begin (b)new text end The dyslexia specialist deleted text begin shall alsodeleted text end new text begin mustnew text end act to increase professional awareness and
instructional competencies to meet the educational needs of students with dyslexia or
identified with risk characteristics associated with dyslexia and deleted text begin shalldeleted text end new text begin mustnew text end develop
implementation guidance and make recommendations to the commissioner consistent with
section 122A.06, subdivision 4, to be used to assist general education teachers and special
education teachers to recognize educational needs and to improve literacy outcomes for
students with dyslexia or identified with risk characteristics associated with dyslexia,
including recommendations related to increasing the availability of online and asynchronous
professional development programs and materials.
new text begin
(c) The dyslexia specialist must provide guidance to school districts and charter schools
on how to:
new text end
new text begin
(1) access tools to screen and identify students showing characteristics associated with
dyslexia in accordance with section 120B.12, subdivision 2, paragraph (a);
new text end
new text begin
(2) implement screening for characteristics associated with dyslexia in accordance with
section 120B.12, subdivision 2, paragraph (a), and in coordination with other early childhood
screenings; and
new text end
new text begin
(3) participate in professional development opportunities on intervention strategies and
accommodations for students with dyslexia or characteristics associated with dyslexia.
new text end
Sec. 13.
Minnesota Statutes 2017 Supplement, section 120B.125, is amended to read:
120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION TO
POSTSECONDARY EDUCATION AND EMPLOYMENT; PERSONAL LEARNING
PLANS.
(a) Consistent with sections 120B.13, 120B.131, 120B.132, 120B.14, 120B.15, 120B.30,
subdivision 1, paragraph (c), 125A.08, and other related sections, school districts, beginning
in the 2013-2014 school year, must assist all students by no later than grade 9 to explore
their educational, college, and career interests, aptitudes, and aspirations and develop a plan
for a smooth and successful transition to postsecondary education or employment. All
students' plans must:
(1) provide a comprehensive plan to prepare for and complete a career and college ready
curriculum by meeting state and local academic standards and developing career and
employment-related skills such as team work, collaboration, creativity, communication,
critical thinking, and good work habits;
(2) emphasize academic rigor and high expectations and inform the student, and the
student's parent or guardian if the student is a minor, of the student's achievement level
score on the Minnesota Comprehensive Assessments that are administered during high
school;
(3) help students identify interests, aptitudes, aspirations, and personal learning styles
that may affect their career and college ready goals and postsecondary education and
employment choices;
(4) set appropriate career and college ready goals with timelines that identify effective
means for achieving those goals;
(5) help students access education and career optionsnew text begin , including armed forces career
optionsnew text end ;
(6) integrate strong academic content into career-focused courses and applied and
experiential learning opportunities and integrate relevant career-focused courses and applied
and experiential learning opportunities into strong academic content;
(7) help identify and access appropriate counseling and other supports and assistance
that enable students to complete required coursework, prepare for postsecondary education
and careers, and obtain information about postsecondary education costs and eligibility for
financial aid and scholarship;
(8) help identify collaborative partnerships among prekindergarten through grade 12
schools, postsecondary institutions, economic development agencies, and local and regional
employers that support students' transition to postsecondary education and employment and
provide students with applied and experiential learning opportunities; and
(9) be reviewed and revised at least annually by the student, the student's parent or
guardian, and the school or district to ensure that the student's course-taking schedule keeps
the student making adequate progress to meet state and local academic standards and high
school graduation requirements and with a reasonable chance to succeed with employment
or postsecondary education without the need to first complete remedial course work.
(b) A school district may develop grade-level curricula or provide instruction that
introduces students to various careers, but must not require any curriculum, instruction, or
employment-related activity that obligates an elementary or secondary student to involuntarily
select or pursue a career, career interest, employment goals, or related job training.
(c) Educators must possess the knowledge and skills to effectively teach all English
learners in their classrooms. School districts must provide appropriate curriculum, targeted
materials, professional development opportunities for educators, and sufficient resources
to enable English learners to become career and college ready.
(d) When assisting students in developing a plan for a smooth and successful transition
to postsecondary education and employment, districts must recognize the unique possibilities
of each student and ensure that the contents of each student's plan reflect the student's unique
talents, skills, and abilities as the student grows, develops, and learns.
(e) If a student with a disability has an individualized education program (IEP) or
standardized written plan that meets the plan components of this section, the IEP satisfies
the requirement and no additional transition plan is needed.
(f) Students who do not meet or exceed Minnesota academic standards, as measured by
the Minnesota Comprehensive Assessments that are administered during high school, shall
be informed that admission to a public school is free and available to any resident under 21
years of age or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c). A student's plan under this section shall continue while the student is enrolled.
new text begin
(g) A school district must provide military recruiters and representatives of organizations
promoting careers in the skilled trades and manufacturing the same access to secondary
school students as the district provides to institutions of higher education or to prospective
employers of students.
new text end
new text begin
(h) School districts are encouraged to sponsor an armed forces career opportunity day
each school year prior to the third Thursday of November. A school district that sponsors
an armed forces career opportunity day must extend invitations to recruiters from each
branch of the United States armed forces and allow the recruiters to make presentations to
all interested secondary school students.
new text end
Sec. 14.
new text begin
[120B.215] SUBSTANCE MISUSE PREVENTION.
new text end
new text begin
(a) This section may be cited as "Jake's Law."
new text end
new text begin
(b) School districts and charter schools are encouraged to provide substance misuse
prevention instruction for students in grades 5 through 12 integrated into existing programs,
curriculum, or the general school environment of a district or charter school. The
commissioner of education, in consultation with the director of the Alcohol and Other Drug
Abuse Section under section 254A.03 and substance misuse prevention and treatment
organizations, must, upon request, provide districts and charter schools with:
new text end
new text begin
(1) information regarding substance misuse prevention services; and
new text end
new text begin
(2) assistance in using Minnesota student survey results to inform prevention programs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 15.
Minnesota Statutes 2016, section 120B.299, subdivision 10, is amended to read:
Subd. 10.
Proficiency.
"Proficiency" for purposes of reporting growth on school
performance report cards under section 120B.36, subdivision 1, means those students who,
in the previous school year, scored at or above "meets standards" on the statewide
assessments under section 120B.30. deleted text begin Each year, school performance report cards must
separately display: (1) the numbers and percentages of students who achieved low growth,
medium growth, and high growth and achieved proficiency in the previous school year; and
(2) the numbers and percentages of students who achieved low growth, medium growth,
and high growth and did not achieve proficiency in the previous school year.
deleted text end
Sec. 16.
Minnesota Statutes 2017 Supplement, section 120B.30, subdivision 1, is amended
to read:
Subdivision 1.
Statewide testing.
(a) The commissioner, with advice from experts with
appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, deleted text begin shalldeleted text end new text begin mustnew text end include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed as computer-adaptive reading and
mathematics assessments for students that are aligned with the state's required academic
standards under section 120B.021, include multiple choice questions, and are administered
annually to all students in grades 3 through 8. State-developed high school tests aligned
with the state's required academic standards under section 120B.021 and administered to
all high school students in a subject other than writing must include multiple choice questions.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end establish deleted text begin one or more months during which schools shall
administer the tests to studentsdeleted text end new text begin a testing period as late as possiblenew text end each school yearnew text begin during
which schools must administer the Minnesota Comprehensive Assessments to students. The
commissioner must publish the testing schedule at least two years before the beginning of
the testing period except for a year in which revised standards are implementednew text end .
deleted text begin
(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible to be
assessed under (i) the graduation-required assessment for diploma in reading, mathematics,
or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1, paragraphs (c),
clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii) the Compass
college placement test, (iv) the ACT assessment for college admission, (v) a nationally
recognized armed services vocational aptitude test.
deleted text end
deleted text begin
(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are eligible
to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1,
paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the Compass
college placement test, (iv) the ACT assessment for college admission, (v) a nationally
recognized armed services vocational aptitude test.
deleted text end
deleted text begin
(3) For students under clause (1) or (2), a school district may substitute a score from an
alternative, equivalent assessment to satisfy the requirements of this paragraph.
deleted text end
(b) The state assessment system must be aligned to the most recent revision of academic
standards as described in section 120B.023 in the following manner:
(1) mathematics;
(i) grades 3 through 8 beginning in the 2010-2011 school year; and
(ii) high school level beginning in the 2013-2014 school year;
(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and
(3) language arts and reading; grades 3 through 8 and high school level beginning in the
2012-2013 school year.
(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students'
state graduation requirements, based on a longitudinal, systematic approach to student
education and career planning, assessment, instructional support, and evaluation, include
the following:
(1) achievement and career and college readiness in mathematics, reading, and writing,
consistent with paragraph (k) and to the extent available, to monitor students' continuous
development of and growth in requisite knowledge and skills; analyze students' progress
and performance levels, identifying students' academic strengths and diagnosing areas where
students require curriculum or instructional adjustments, targeted interventions, or
remediation; and, based on analysis of students' progress and performance data, determine
students' learning and instructional needs and the instructional tools and best practices that
support academic rigor for the student; and
(2) consistent with this paragraph and section 120B.125, age-appropriate exploration
and planning activities and career assessments to encourage students to identify personally
relevant career interests and aptitudes and help students and their families develop a regularly
reexamined transition plan for postsecondary education or employment without need for
postsecondary remediation.
Based on appropriate state guidelines, students with an individualized education program
may satisfy state graduation requirements by achieving an individual score on the
state-identified alternative assessments.
(d) Expectations of schools, districts, and the state for career or college readiness under
this subdivision must be comparable in rigor, clarity of purpose, and rates of student
completion.
A student under paragraph (c), clause (1), must receive targeted, relevant, academically
rigorous, and resourced instruction, which may include a targeted instruction and intervention
plan focused on improving the student's knowledge and skills in core subjects so that the
student has a reasonable chance to succeed in a career or college without need for
postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49,
and related sections, an enrolling school or district must actively encourage a student in
grade 11 or 12 who is identified as academically ready for a career or college to participate
in courses and programs awarding college credit to high school students. Students are not
required to achieve a specified score or level of proficiency on an assessment under this
subdivision to graduate from high school.
(e) Though not a high school graduation requirement, students are encouraged to
participate in a nationally recognized college entrance exam. To the extent state funding
for college entrance exam fees is available, a district must pay the cost, one time, for an
interested student in grade 11 or 12 who is eligible for a free or reduced-price meal, to take
a nationally recognized college entrance exam before graduating. A student must be able
to take the exam under this paragraph at the student's high school during the school day and
at any one of the multiple exam administrations available to students in the district. A district
may administer the ACT or SAT or both the ACT and SAT to comply with this paragraph.
If the district administers only one of these two tests and a free or reduced-price meal eligible
student opts not to take that test and chooses instead to take the other of the two tests, the
student may take the other test at a different time or location and remains eligible for the
examination fee reimbursement. Notwithstanding sections 123B.34 to 123B.39, a school
district may require a student that is not eligible for a free or reduced-price meal to pay the
cost of taking a nationally recognized college entrance exam. The district must waive the
cost for a student unable to pay.
(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities
must collaborate in aligning instruction and assessments for adult basic education students
and English learners to provide the students with diagnostic information about any targeted
interventions, accommodations, modifications, and supports they need so that assessments
and other performance measures are accessible to them and they may seek postsecondary
education or employment without need for postsecondary remediation. When administering
formative or summative assessments used to measure the academic progress, including the
oral academic development, of English learners and inform their instruction, schools must
ensure that the assessments are accessible to the students and students have the modifications
and supports they need to sufficiently understand the assessments.
(g) Districts and schools, on an annual basis, must use career exploration elements to
help students, beginning no later than grade 9, and their families explore and plan for
postsecondary education or careers based on the students' interests, aptitudes, and aspirations.
Districts and schools must use timely regional labor market information and partnerships,
among other resources, to help students and their families successfully develop, pursue,
review, and revise an individualized plan for postsecondary education or a career. This
process must help increase students' engagement in and connection to school, improve
students' knowledge and skills, and deepen students' understanding of career pathways as
a sequence of academic and career courses that lead to an industry-recognized credential,
an associate's degree, or a bachelor's degree and are available to all students, whatever their
interests and career goals.
(h) A student who demonstrates attainment of required state academic standards, which
include career and college readiness benchmarks, on high school assessments under
subdivision 1a is academically ready for a career or college and is encouraged to participate
in courses awarding college credit to high school students. Such courses and programs may
include sequential courses of study within broad career areas and technical skill assessments
that extend beyond course grades.
(i) As appropriate, students through grade 12 must continue to participate in targeted
instruction, intervention, or remediation and be encouraged to participate in courses awarding
college credit to high school students.
(j) In developing, supporting, and improving students' academic readiness for a career
or college, schools, districts, and the state must have a continuum of empirically derived,
clearly defined benchmarks focused on students' attainment of knowledge and skills so that
students, their parents, and teachers know how well students must perform to have a
reasonable chance to succeed in a career or college without need for postsecondary
remediation. The commissioner, in consultation with local school officials and educators,
and Minnesota's public postsecondary institutions must ensure that the foundational
knowledge and skills for students' successful performance in postsecondary employment
or education and an articulated series of possible targeted interventions are clearly identified
and satisfy Minnesota's postsecondary admissions requirements.
(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or
charter school must record on the high school transcript a student's progress toward career
and college readiness, and for other students as soon as practicable.
(l) The school board granting students their diplomas may formally decide to include a
notation of high achievement on the high school diplomas of those graduating seniors who,
according to established school board criteria, demonstrate exemplary academic achievement
during high school.
(m) The 3rd through 8th grade computer-adaptive assessment results and high school
test results shall be available to districts for diagnostic purposes affecting student learning
and district instruction and curriculum, and for establishing educational accountability. deleted text begin The
commissioner must establish empirically derived benchmarks on adaptive assessments in
grades 3 through 8.deleted text end The commissioner, in consultation with the chancellor of the Minnesota
State Colleges and Universities, must establish empirically derived benchmarks on the high
school tests that reveal a trajectory toward career and college readiness consistent with
section 136F.302, subdivision 1a. The commissioner must disseminate to the public the
computer-adaptive assessments and high school test results upon receiving those results.
(n) The grades 3 through 8 computer-adaptive assessments and high school tests must
be aligned with state academic standards. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end determine the testing
process and the order of administration. The statewide results deleted text begin shalldeleted text end new text begin mustnew text end be aggregated at
the site and district level, consistent with subdivision 1a.
(o) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end include the following components in the statewide
public reporting system:
(1) uniform statewide computer-adaptive assessments of all students in grades 3 through
8 and testing at the high school levels that provides appropriate, technically sound
accommodations or alternate assessments;
(2) educational indicators that can be aggregated and compared across school districts
and across time on a statewide basis, including average daily attendance, high school
graduation rates, and high school drop-out rates by age and grade level;
(3) state results on the American College Test; and
(4) state results from participation in the National Assessment of Educational Progress
so that the state can benchmark its performance against the nation and other states, and,
where possible, against other countries, and contribute to the national effort to monitor
achievement.
(p) For purposes of statewide accountability, "career and college ready" means a high
school graduate has the knowledge, skills, and competencies to successfully pursue a career
pathway, including postsecondary credit leading to a degree, diploma, certificate, or
industry-recognized credential and employment. Students who are career and college ready
are able to successfully complete credit-bearing coursework at a two- or four-year college
or university or other credit-bearing postsecondary program without need for remediation.
(q) For purposes of statewide accountability, "cultural competence," "cultural
competency," or "culturally competent" means the ability of families and educators to
interact effectively with people of different cultures, native languages, and socioeconomic
backgrounds.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for testing calendars in the 2020-2021
school year and later.
new text end
Sec. 17.
Minnesota Statutes 2016, section 120B.30, subdivision 1a, is amended to read:
Subd. 1a.
Statewide and local assessments; results.
deleted text begin
(a) For purposes of this section,
the following definitions have the meanings given them.
deleted text end
deleted text begin
(1) "Computer-adaptive assessments" means fully adaptive assessments.
deleted text end
deleted text begin
(2) "Fully adaptive assessments" include test items that are on-grade level and items that
may be above or below a student's grade level.
deleted text end
deleted text begin
(3) "On-grade level" test items contain subject area content that is aligned to state
academic standards for the grade level of the student taking the assessment.
deleted text end
deleted text begin
(4) "Above-grade level" test items contain subject area content that is above the grade
level of the student taking the assessment and is considered aligned with state academic
standards to the extent it is aligned with content represented in state academic standards
above the grade level of the student taking the assessment. Notwithstanding the student's
grade level, administering above-grade level test items to a student does not violate the
requirement that state assessments must be aligned with state standards.
deleted text end
deleted text begin
(5) "Below-grade level" test items contain subject area content that is below the grade
level of the student taking the test and is considered aligned with state academic standards
to the extent it is aligned with content represented in state academic standards below the
student's current grade level. Notwithstanding the student's grade level, administering
below-grade level test items to a student does not violate the requirement that state
assessments must be aligned with state standards.
deleted text end
deleted text begin
(b) The commissioner must use fully adaptive mathematics and reading assessments for
grades 3 through 8.
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end For purposes of conforming with existing federal educational accountability
requirements, the commissioner must develop and implement computer-adaptive reading
and mathematics assessments for grades 3 through 8, state-developed high school reading
and mathematics tests aligned with state academic standards, a high school writing test
aligned with state standards when it becomes available, and science assessments under
clause (2) that districts and sites must use to monitor student growth toward achieving those
standards. The commissioner must not develop statewide assessments for academic standards
in social studies, health and physical education, and the arts. The commissioner must require:
(1) annual computer-adaptive reading and mathematics assessments in grades 3 through
8, and high school reading, writing, and mathematics tests; and
(2) annual science assessments in one grade in the grades 3 through 5 span, the grades
6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the
commissioner must not require students to achieve a passing score on high school science
assessments as a condition of receiving a high school diploma.
deleted text begin (d)deleted text end new text begin (b)new text end The commissioner must ensure that for annual computer-adaptive assessments:
(1) individual student performance data and achievement reports are available new text begin to school
districts and teachers new text end within three school days of when students take an assessment except
in a year when an assessment reflects new performance standards;
(2) growth information is available for each student from the student's first assessment
to each proximate assessment using a constant measurement scale;
(3) parents, teachers, and school administrators are able to use elementary and middle
school student performance data to project students' secondary and postsecondary
achievement; and
(4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.
deleted text begin (e)deleted text end new text begin (c)new text end The commissioner must ensure that all state tests administered to elementary and
secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.
deleted text begin (f)deleted text end new text begin (d)new text end Reporting of state assessment results must:
(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;
(2) include a growth indicator of student achievement; and
(3) determine whether students have met the state's academic standards.
deleted text begin (g)deleted text end new text begin (e)new text end Consistent with applicable federal law, the commissioner must include appropriate,
technically sound accommodations or alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate and for English learners.
deleted text begin (h)deleted text end new text begin (f)new text end A school, school district, and charter school must administer statewide assessments
under this section, as the assessments become available, to evaluate student progress toward
career and college readiness in the context of the state's academic standards. A school,
school district, or charter school may use a student's performance on a statewide assessment
as one of multiple criteria to determine grade promotion or retention. A school, school
district, or charter school may use a high school student's performance on a statewide
assessment as a percentage of the student's final grade in a course, or place a student's
assessment score on the student's transcript.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2018-2019 school year and later.
new text end
Sec. 18.
Minnesota Statutes 2016, section 120B.30, subdivision 3, is amended to read:
Subd. 3.
Reporting.
new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end report test results publicly and to
stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance, including student homelessness, as data are
available, among other factors. The test results must not include personally identifiable
information as defined in Code of Federal Regulations, title 34, section 99.3. The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end also report data that compares performance results among school
sites, school districts, Minnesota and other states, and Minnesota and other nations.
new text begin (b)new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end disseminate to schools and school districts a more
comprehensive report containing testing information that meets local needs for evaluating
instruction and curriculum. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end disseminate to charter school
authorizers a more comprehensive report containing testing information that contains
anonymized data where cell count data are sufficient to protect student identity and that
meets the authorizer's needs in fulfilling its obligations under chapter 124E.
new text begin
(c) A school district must disseminate the individual student performance data and
achievement report required under section 120B.30, subdivision 1a, paragraph (d), clause
(1), to the parent and teacher of each student no more than 30 days after the district has
administered the test to a student. The district must notify the parent and teacher that the
data and report are preliminary and subject to validation.
new text end
new text begin
(d) A school district must disseminate a testing report to the teacher and to the parent
of each student before the beginning of the following school year. The testing report must:
new text end
new text begin
(1) identify the student's achievement level in each content area; and
new text end
new text begin
(2) track the student's performance history.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraphs (a), (b), and (c) are effective for the 2018-2019 school
year and later. Paragraph (d) is effective for the 2019-2020 school year and later.
new text end
Sec. 19.
Minnesota Statutes 2017 Supplement, section 120B.35, subdivision 3, is amended
to read:
Subd. 3.
State growth target; other state measures.
(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of achievement growth that show an individual student's prior achievement. Indicators of
achievement and prior achievement must be based on highly reliable statewide deleted text begin or districtwidedeleted text end
assessments.
(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report separate categories of information using the student categories identified under the
federal Elementary and Secondary Education Act, as most recently reauthorized, and, in
addition to "other" for each race and ethnicity, and the Karen community, seven of the most
populous Asian and Pacific Islander groups, three of the most populous Native groups,
seven of the most populous Hispanic/Latino groups, and five of the most populous Black
and African Heritage groups as determined by the total Minnesota population based on the
most recent American Community Survey; English learners under section 124D.59; home
language; free or reduced-price lunch; and all students enrolled in a Minnesota public school
who are currently or were previously in foster care, except that such disaggregation and
cross tabulation is not required if the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally identifiable information
about an individual student.
(b) The commissionerdeleted text begin , in consultation with a stakeholder group that includes assessment
and evaluation directors, district staff, experts in culturally responsive teaching, and
researchers, must implement a model that uses a value-added growth indicator and includes
criteria for identifying schools and school districts that demonstrate medium and high growth
under section 120B.299, subdivisions 8 and 9, and may recommend other value-added
measures under section 120B.299, subdivision 3. The model may be used to advance
educators' professional development and replicate programs that succeed in meeting students'
diverse learning needs. Data on individual teachers generated under the model are personnel
data under section 13.43. The modeldeleted text end must deleted text begin allow users todeleted text end :
(1) report deleted text begin studentdeleted text end new text begin the academicnew text end growth deleted text begin consistent with this paragraphdeleted text end new text begin rates, as defined
in the state plannew text end ; and
(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).
The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.
(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:
(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and
(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.
When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).
(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.
(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:
(1) the four- and six-year graduation rates of students under this paragraph;
(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.30, subdivision
1; and
(3) the success that learning year program providers experience in:
(i) identifying at-risk and off-track student populations by grade;
(ii) providing successful prevention and intervention strategies for at-risk students;
(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and
(iv) improving the graduation outcomes of at-risk and off-track students.
The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.
(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.
(g) When reporting deleted text begin four- and six-yeardeleted text end graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).
(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.
Sec. 20.
new text begin
[120B.355] ACADEMIC ACHIEVEMENT RATING SYSTEM.
new text end
new text begin Subdivision 1. new text end
new text begin Rating system. new text end
new text begin
(a) The commissioner of education must develop an
academic achievement rating system consistent with this section to provide parents and
students with a brief overview of student performance and growth in districts, school sites,
and charter schools across the state.
new text end
new text begin
(b) Each district, school site, and charter school must be assigned a summative rating
based on a score on a scale of zero to 100.
new text end
new text begin
(c) The summative rating must be based on the accountability indicators used in the state
plan to identify schools for support and improvement. "State plan" as used in this section
means the plan submitted by the commissioner in accordance with the Elementary and
Secondary Education Act, as most recently authorized, and approved by the United States
Department of Education, including state goals.
new text end
new text begin
(d) The summative rating and score of each district, school site, and charter school must
be reported on the Department of Education's Web site as part of the commissioner's school
performance reports pursuant to section 120B.36 by September 1, 2020, and annually
thereafter.
new text end
new text begin
(e) The commissioner must examine how revisions to statewide assessments under
section 120B.30 impact school and district ratings under this section. The commissioner
may adjust district, school site, and charter school ratings accordingly to maintain consistency
in reporting.
new text end
new text begin Subd. 2. new text end
new text begin Report. new text end
new text begin
The commissioner must report on progress toward developing the
rating system required under subdivision 1 to the chairs and ranking minority members of
the legislative committees with jurisdiction over kindergarten through grade 12 education
in accordance with section 3.195 no later than February 1, 2020.
new text end
Sec. 21.
Minnesota Statutes 2017 Supplement, section 120B.36, subdivision 1, is amended
to read:
Subdivision 1.
School performance reports and public reporting.
(a) The commissioner
deleted text begin shalldeleted text end new text begin mustnew text end reportnew text begin :
new text end
new text begin (1)new text end student academic performance data under section 120B.35, subdivisions 2 and 3;
new text begin
(2) district, school site, and charter school ratings under section 120B.355;
new text end
new text begin (3)new text end the deleted text begin percentages of students showing low, medium, and highdeleted text end new text begin academicnew text end growth new text begin rates
new text end under deleted text begin section 120B.35, subdivision 3, paragraph (b)deleted text end new text begin the state plannew text end ;
new text begin (4)new text end school safety and student engagement and connection under section 120B.35,
subdivision 3, paragraph (d);
new text begin (5)new text end rigorous coursework under section 120B.35, subdivision 3, paragraph (c);
new text begin (6)new text end the percentage of students under section 120B.35, subdivision 3, paragraph (b), clause
(2), whose progress and performance levels are meeting career and college readiness
benchmarks under sections 120B.30, subdivision 1, and 120B.35, subdivision 3, paragraph
(e);
new text begin (7)new text end longitudinal data on the progress of eligible districts in reducing disparities in students'
academic achievement and realizing racial and economic integration under section 124D.861;
new text begin (8)new text end the acquisition of English, and where practicable, native language academic literacy,
including oral academic language, and the academic progress of all English learners enrolled
in a Minnesota public school course or program who are currently or were previously counted
as English learners under section 124D.59;
new text begin
(9) the percentage of students who graduated in the previous school year and correctly
answered at least 30 of 50 civics test questions in accordance with section 120B.02,
subdivision 3;
new text end
new text begin (10)new text end two separate student-to-teacher ratios that clearly indicate the definition of teacher
consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios;
new text begin (11)new text end staff characteristics excluding salaries;
new text begin (12)new text end student enrollment demographics;
new text begin (13)new text end foster care status, including all students enrolled in a Minnesota public school course
or program who are currently or were previously in foster care, student homelessness, and
district mobility; and
new text begin (14)new text end extracurricular activities.
(b) The school performance report for a deleted text begin school site and a schooldeleted text end districtnew text begin , school site, or
charter schoolnew text end must includenew text begin :
new text end
new text begin (1)new text end school performance reporting information deleted text begin and calculate proficiencydeleted text end new text begin , including a
prominent display of both the district's, school site's, or charter school's summative rating
and score assigned by the commissioner under section 120B.355;
new text end
new text begin (2) academic achievementnew text end rates as required by the deleted text begin most recently reauthorized Elementary
and Secondary Education Act.deleted text end new text begin state plan as defined under section 120B.355; and
new text end
new text begin
(3) progress toward statewide goals under the state plan as defined under section
120B.355.
new text end
(c) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end develop, annually update, and post on the department
Web site school performance reports consistent with paragraph (a) and section 120B.11.
(d) The commissioner must make available performance reports by the beginning of
each school year.
(e) A school or district may appeal its results in a form and manner determined by the
commissioner and consistent with federal law. The commissioner's decision to uphold or
deny an appeal is final.
(f) School performance data are nonpublic data under section 13.02, subdivision 9, until
the commissioner publicly releases the data. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end annually post
school performance reports to the department's public Web site no later than September 1,
except that in years when the reports reflect new performance standards, the commissioner
deleted text begin shalldeleted text end new text begin mustnew text end post the school performance reports no later than October 1.
Sec. 22.
Minnesota Statutes 2016, section 120B.36, subdivision 2, is amended to read:
Subd. 2.
Student progress and other data.
(a) All data the department receives, collects,
or creates under section 120B.11, governing the world's best workforce, or uses to determine
deleted text begin federaldeleted text end new text begin and set goals fornew text end expectations under the most recently reauthorized Elementary and
Secondary Education Act, deleted text begin set state growth targets,deleted text end and new text begin to new text end determine deleted text begin studentdeleted text end new text begin academicnew text end
growth, learning, and outcomes under section 120B.35 are nonpublic data under section
13.02, subdivision 9, until the commissioner publicly releases the data.
(b) Districts must provide parents sufficiently detailed summary data to permit parents
to appeal under the most recently reauthorized federal Elementary and Secondary Education
Act. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end annually post deleted text begin federal expectationsdeleted text end new text begin state goalsnew text end and state
student growth, learning, and outcome data to the department's public Web site no later than
September 1, except that in years when data or deleted text begin federal expectationsdeleted text end new text begin state goalsnew text end reflect new
performance standards, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end post data on deleted text begin federal expectationsdeleted text end new text begin state
goalsnew text end and state student growth data no later than October 1.
Sec. 23.
Minnesota Statutes 2017 Supplement, section 122A.09, is amended by adding a
subdivision to read:
new text begin Subd. 4b. new text end
new text begin Essential data. new text end
new text begin
The Professional Educator Licensing and Standards Board
must maintain a list of essential data elements which must be recorded and stored about
each licensed and nonlicensed staff member. Each school district must provide the essential
data to the board in the form and manner prescribed by the board.
new text end
Sec. 24.
Minnesota Statutes 2016, section 123B.14, subdivision 7, is amended to read:
Subd. 7.
Clerk records.
The clerk deleted text begin shalldeleted text end new text begin mustnew text end keep a record of all meetings of the district
and the board in books provided by the district for that purpose. The clerk deleted text begin shalldeleted text end new text begin mustnew text end , within
three days after an election, notify all persons elected of their election. By September 15 of
each year the clerk deleted text begin shalldeleted text end new text begin mustnew text end file with the board a report of the revenues, expenditures and
balances in each fund for the preceding fiscal year. The report together with vouchers and
supporting documents deleted text begin shalldeleted text end new text begin mustnew text end subsequently be examined by a public accountant or the
state auditor, either of whom deleted text begin shalldeleted text end new text begin mustnew text end be paid by the district, as provided in section
123B.77, subdivision 3. The board deleted text begin shalldeleted text end new text begin mustnew text end by resolution approve the report or require a
further or amended report. deleted text begin By September 15 of each year, the clerk shall make and transmit
to the commissioner certified reports, showing:
deleted text end
deleted text begin
(1) the revenues and expenditures in detail, and such other financial information required
by law, rule, or as may be called for by the commissioner;
deleted text end
deleted text begin
(2) the length of school term and the enrollment and attendance by grades; and
deleted text end
deleted text begin
(3) such other items of information as may be called for by the commissioner.
deleted text end
The clerk deleted text begin shalldeleted text end new text begin mustnew text end enter in the clerk's record book copies of all reports and of the
teachers' term reports, as they appear in the registers, and of the proceedings of any meeting
as furnished by the clerk pro tem, and keep an itemized account of all the expenses of the
district. The clerk deleted text begin shalldeleted text end new text begin mustnew text end furnish to the auditor of the proper county, by September 30
of each year, an attested copy of the clerk's record, showing the amount of proposed property
tax voted by the district or the board for school purposes; draw and sign all orders upon the
treasurer for the payment of money for bills allowed by the board for salaries of officers
and for teachers' wages and all claims, to be countersigned by the chair. Such orders must
state the consideration, payee, and the fund and the clerk shall take a receipt therefor.
Teachers' wages shall have preference in the order in which they become due, and no money
applicable for teachers' wages shall be used for any other purpose, nor shall teachers' wages
be paid from any fund except that raised or apportioned for that purpose.
Sec. 25.
Minnesota Statutes 2016, section 124D.78, subdivision 2, is amended to read:
Subd. 2.
Resolution of concurrence.
Prior to March 1, the school board or American
Indian school must submit to the department a copy of a resolution adopted by the American
Indian education parent advisory committee. The copy must be signed by the chair of the
committee and must state whether the committee concurs with the educational programs
for American Indian students offered by the school board or American Indian school. If the
committee does not concur with the educational programs, the reasons for nonconcurrence
and recommendations deleted text begin shalldeleted text end new text begin mustnew text end be submitted new text begin directly to the school board new text end with the resolution.
By resolution, the board must respond in writing within 60 days, in cases of nonconcurrence,
to each recommendation made by the committee and state its reasons for not implementing
the recommendations.
Sec. 26.
Minnesota Statutes 2016, section 124D.98, is amended to read:
124D.98 LITERACY INCENTIVE AID.
Subdivision 1.
Literacy incentive aid.
A district's literacy incentive aid equals the sum
of the proficiency aid under subdivision 2, and the growth aid under subdivision 3.
Subd. 2.
Proficiency aid.
The proficiency aid for each school in a district that has
submitted to the commissioner its local literacy plan under section 120B.12, subdivision
4a, is equal to the product of the school's proficiency allowance times the number of third
grade pupils at the school on October 1 of the previous fiscal year. A school's proficiency
allowance is equal to the percentage of students in each building that meet or exceed
proficiency on the third grade reading Minnesota Comprehensive Assessment, averaged
across the previous three test administrations, times $530.
Subd. 3.
Growth aid.
The growth aid for each school in a district that has submitted to
the commissioner its local literacy plan under section 120B.12, subdivision 4a, is equal to
the product of the school's growth allowance times the number of fourth grade pupils enrolled
at the school on October 1 of the previous fiscal year. A school's growth allowance is equal
to the percentage of students at that school deleted text begin making medium or high growth, under section
120B.299,deleted text end new text begin scoring at least one-half standard deviation below the state expected scoresnew text end on
the fourth grade reading Minnesota Comprehensive Assessment, averaged across the previous
three test administrations, times $530.new text begin The state expected scores are based on the average
assessment scores for students with similar third grade assessment scores on the Minnesota
Comprehensive Assessment.
new text end
new text begin Subd. 4. new text end
new text begin Revenue uses. new text end
new text begin
(a) A school district or charter school's year-to-year change in
its proficiency rate equals its three-year average third grade proficiency rate for the most
recent period to the three-year third grade proficiency rate for the previous period, as
calculated under subdivision 2.
new text end
new text begin
(b) A school district or charter school must reserve its literacy incentive aid under this
section and spend its literacy incentive aid only for the purposes of section 120B.12 if its
year-to-year change in its proficiency rate is less than one.
new text end
new text begin
(c) A school district or charter school with a year-to-year change in its proficiency rate
of one or greater may direct its literacy incentive aid received under this section toward the
goals of its local literacy plan.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal years 2019 and
later.
new text end
Sec. 27.
Minnesota Statutes 2017 Supplement, section 124E.11, is amended to read:
124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.
new text begin Subdivision 1. new text end
new text begin Limits on enrollment. new text end
deleted text begin (a)deleted text end A charter school, including its preschool or
prekindergarten program established under section 124E.06, subdivision 3, paragraph (b),
may limit admission to:
(1) pupils within an age group or grade level;
(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or
(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.
new text begin Subd. 2. new text end
new text begin Timely application; lottery; enrollment preference. new text end
deleted text begin (b)deleted text end A charter school,
including its preschool or prekindergarten program established under section 124E.06,
subdivision 3, paragraph (b), deleted text begin shalldeleted text end new text begin mustnew text end enroll an eligible pupil who submits a timely
application, unless the number of applications exceeds the capacity of a program, class,
grade level, or building. In this case, pupils must be accepted by lot. The charter school
must develop and publish, including on its Web site, a lottery policy and process that it must
use when accepting pupils by lot.
new text begin Subd. 3. new text end
new text begin Lottery exceptions. new text end
deleted text begin (c)deleted text end new text begin (a)new text end A charter school deleted text begin shalldeleted text end new text begin mustnew text end give enrollment
preference to a sibling of an enrolled pupil and to a foster child of that pupil's parents and
may give preference for enrolling children of the school's staff before accepting other pupils
by lot.
new text begin
(b) A charter school may give enrollment preference to children currently enrolled in
the school's free preschool or prekindergarten program under section 124E.06, subdivision
3, paragraph (b), who are eligible to enroll in kindergarten in the next school year.
new text end
new text begin (c)new text end A charter school that is located in Duluth township in St. Louis County new text begin or in the city
of Nerstrand in Rice County, new text end and admits students in kindergarten through grade 6 must give
enrollment preference to students residing within a five-mile radius of the school and to the
siblings of enrolled children.
deleted text begin
A charter school may give enrollment preference to children currently enrolled in the
school's free preschool or prekindergarten program under section 124E.06, subdivision 3,
paragraph (a), who are eligible to enroll in kindergarten in the next school year.
deleted text end
new text begin
(d) A charter school that is located in Castle Rock Township in Dakota County must
give enrollment preference to students residing within a two-mile radius of the school and
to the siblings of enrolled children.
new text end
new text begin Subd. 4. new text end
new text begin Age of enrollment. new text end
deleted text begin (d)deleted text end A person deleted text begin shalldeleted text end new text begin mustnew text end not be admitted to a charter school
(1) as a kindergarten pupil, unless the pupil is at least five years of age on September 1 of
the calendar year in which the school year for which the pupil seeks admission commences;
or (2) as a first grade student, unless the pupil is at least six years of age on September 1 of
the calendar year in which the school year for which the pupil seeks admission commences
or has completed kindergarten; except that a charter school may establish and publish on
its Web site a policy for admission of selected pupils at an earlier age, consistent with the
enrollment process in deleted text begin paragraphs (b) and (c)deleted text end new text begin subdivisions 2 and 3new text end .
new text begin Subd. 5. new text end
new text begin Admission limits not allowed. new text end
deleted text begin (e)deleted text end Except as permitted in deleted text begin paragraph (d)deleted text end new text begin
subdivision 4new text end , a charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), may not limit admission to pupils on
the basis of intellectual ability, measures of achievement or aptitude, or athletic ability and
may not establish any criteria or requirements for admission that are inconsistent with this
section.
new text begin Subd. 6. new text end
new text begin Enrollment incentives prohibited. new text end
deleted text begin (f)deleted text end The charter school shall not distribute
any services or goods of value to students, parents, or guardians as an inducement, term, or
condition of enrolling a student in a charter school.
new text begin Subd. 7. new text end
new text begin Enrollment continues. new text end
deleted text begin (g)deleted text end Once a student is enrolled in the school, the student
is considered enrolled in the school until the student formally withdraws or is expelled under
the Pupil Fair Dismissal Act in sections 121A.40 to 121A.56.
new text begin Subd. 8. new text end
new text begin Prekindergarten pupils. new text end
deleted text begin (h)deleted text end A charter school with at least 90 percent of enrolled
students who are eligible for special education services and have a primary disability of
deaf or hard-of-hearing may enroll prekindergarten pupils with a disability under section
126C.05, subdivision 1, paragraph (a), and must comply with the federal Individuals with
Disabilities Education Act under Code of Federal Regulations, title 34, section 300.324,
subsection (2), clause (iv).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for enrollment decisions made on or
after July 1, 2018.
new text end
Sec. 28.
Minnesota Statutes 2016, section 125B.07, subdivision 6, is amended to read:
Subd. 6.
Essential data.
The department deleted text begin shalldeleted text end new text begin mustnew text end maintain a list of essential data
elements which must be recorded and stored about each pupildeleted text begin , licensed and nonlicensed
staff member,deleted text end and educational program. Each school district must provide the essential data
to the department in the form and format prescribed by the department.
Sec. 29.
Laws 2016, chapter 189, article 25, section 61, is amended to read:
Sec. 61. CERTIFICATION INCENTIVE REVENUE.
Subdivision 1.
Qualifying certificates.
As soon as practicable, the commissioner of
education, in consultation with the Governor's Workforce Development Council established
under Minnesota Statutes, section 116L.665, and the P-20 education partnership operating
under Minnesota Statutes, section 127A.70, must establish the list of qualifying career and
technical certificates and post the names of those certificates on the Department of
Education's Web site. The certificates must be in fields where occupational opportunities
exist.
Subd. 2.
School district participation.
(a) A school board may adopt a policy authorizing
its students in grades 9 through 12, including its students enrolled in postsecondary enrollment
options courses under Minnesota Statutes, section 124D.09, the opportunity to complete a
qualifying certificate. The certificate may be completed as part of a regularly scheduled
course.
(b) A school district may register a student for any assessment necessary to complete a
qualifying certificate and pay any associated registration fees for its students.
Subd. 3.
Incentive funding.
(a) A school district's career and technical certification aid
equals $500 times the district's number of students enrolled during the current fiscal year
who have obtained one or more qualifying certificates during the current fiscal year.
(b) The statewide total certificate revenue must not exceed deleted text begin $1,000,000deleted text end new text begin $400,000 for the
2016-2017, 2017-2018, and 2018-2019 school yearsnew text end . The commissioner must proportionately
reduce the initial aid provided under this subdivision so that the statewide aid cap is not
exceeded.
Subd. 4.
Reports to the legislature.
(a) The commissioner of education must report to
the committees of the legislature with jurisdiction over kindergarten through grade 12
education and higher education by February 1, 2017, on the number and types of certificates
authorized for the 2016-2017 school year. The commissioner must also recommend whether
the pilot program should be continued.
(b) By February 1deleted text begin ,deleted text end new text begin ofnew text end 2018new text begin , 2019, and 2020new text end , the commissioner of education must report
to the committees of the legislature with jurisdiction over kindergarten through grade 12
education and higher education about the number and types of certificates earned by
Minnesota's students during the deleted text begin 2016-2017deleted text end new text begin priornew text end school year.
Sec. 30.
Laws 2016, chapter 189, article 25, section 62, subdivision 15, is amended to
read:
Subd. 15.
Certificate incentive funding.
new text begin (a) new text end For the certificate incentive program:
| $ |
deleted text begin
1,000,000
deleted text end
new text begin
400,000 new text end |
..... |
2017 |
new text begin (b) $600,000 of the $1,000,000 appropriation in Laws 2016, chapter 189, article 25,
section 62, subdivision 15, is canceled to the general fund. new text end This is a onetime appropriation.
This appropriation is available until June 30, 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 31.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 12,
is amended to read:
Subd. 12.
Museums and education centers.
For grants to museums and education
centers:
| $ |
460,000 |
..... |
2018 |
|
| $ |
deleted text begin
460,000 deleted text end new text begin 510,000 new text end |
..... |
2019 |
(a) $319,000 each year is for the Minnesota Children's Museum. Of the amount in this
paragraph, $50,000 in each year is for the Minnesota Children's Museum, Rochester.
(b) $50,000 each year is for the Duluth Children's Museum.
(c) $41,000 each year is for the Minnesota Academy of Science.
(d) $50,000 each year is for the Headwaters Science Center.
new text begin
(e) $50,000 in fiscal year 2019 is for the Grand Rapids Children's Museum.
new text end
new text begin (f) new text end Any balance in the first year does not cancel but is available in the second year.
new text begin
(g) The base for fiscal year 2020 and later is $460,000.
new text end
Sec. 32.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 14,
is amended to read:
Subd. 14.
Singing-based pilot program to improve student reading.
(a) For a grant
to pilot a research-supported, computer-based educational program that uses singing to
improve the reading ability of students in grades 2 through 5:
| $ |
500,000 |
..... |
2018 |
|
| $ |
0 |
..... |
2019 |
(b) The commissioner of education shall award a grant to the Rock 'n' Read Project to
implement a research-supported, computer-based educational program that uses singing to
improve the reading ability of students in grades 2 through 5. The grantee shall be responsible
for selecting participating school sites; providing any required hardware and software,
including software licenses, for the duration of the grant period; providing technical support,
training, and staff to install required project hardware and software; providing on-site
professional development and instructional monitoring and support for school staff and
students; administering preintervention and postintervention reading assessments; evaluating
the impact of the intervention; and other project management services as required. To the
extent practicable, the grantee must select participating schools in urban, suburban, and
greater Minnesota, and give priority to schools in which a high proportion of students do
not read proficiently at grade level and are eligible for free or reduced-price lunch.
(c) By February 15, 2019, the grantee must submit a report detailing expenditures and
outcomes of the grant to the commissioner of education and the chairs and ranking minority
members of the legislative committees with primary jurisdiction over kindergarten through
grade 12 education policy and finance.
(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. 33.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 23,
is amended to read:
Subd. 23.
Paraprofessional pathway to teacher licensure.
(a) For grants to school
districts for Grow Your Own new teacher programs:
| $ |
1,500,000 |
..... |
2018 |
|
| $ |
1,500,000 |
..... |
2019 |
(b) The grants are for school districts new text begin and charter schools new text end with more than 30 percent
minority students for a deleted text begin Board of Teaching-approveddeleted text end new text begin Professional Educator Licensing and
Standards Board-approvednew text end nonconventional teacher residency pilot program. The program
must provide tuition scholarships or stipends to enable school district new text begin and charter school
new text end employees or community members affiliated with a school district new text begin or charter school new text end who
seek an education license to participate in a nonconventional teacher preparation program.
School districts new text begin and charter schools new text end that receive funds under this subdivision are strongly
encouraged to recruit candidates of color and American Indian candidates to participate in
the Grow Your Own new teacher programs. Districts or schools providing financial support
may require a commitment as determined by the district to teach in the district or school
for a reasonable amount of time that does not exceed five years.
(c) School districts and charter schools may also apply for grants to develop innovative
expanded Grow Your Own programs that encourage secondary school students to pursue
teaching, including developing and offering dual-credit postsecondary course options in
schools for "Introduction to Teaching" or "Introduction to Education" courses consistent
with Minnesota Statutes, section 124D.09, subdivision 10.
(d) Programs must annually report to the commissioner by the date determined by the
commissioner on their activities under this section, including the number of participants,
the percentage of participants who are of color or who are American Indian, and an
assessment of program effectiveness, including participant feedback, areas for improvement,
the percentage of participants continuing to pursue teacher licensure, and the number of
participants hired in the school or district as teachers after completing preparation programs.
(e) The department may retain up to three percent of the appropriation amount to monitor
and administer the grant program.
(f) Any balance in the first year does not cancel but is available in the second year.
Sec. 34.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 24,
is amended to read:
Subd. 24.
Statewide testing and reporting system.
new text begin (a) new text end For the statewide testing and
reporting system under Minnesota Statutes, section 120B.30:
| $ |
10,892,000 |
..... |
2018 |
|
| $ |
10,892,000 |
..... |
2019 |
new text begin (b) new text end Any balance in the first year does not cancel but is available in the second year.
new text begin
(c) For fiscal years 2020 and 2021, the base budget for this program must be adjusted
by multiplying the fiscal year 2019 appropriation by the ratio of the estimated total number
of Minnesota Comprehensive Assessments taken by students in the current fiscal year to
the total number of Minnesota Comprehensive Assessments taken by students in fiscal year
2017. This is estimated to reduce the base appropriation by $245,000 in fiscal year 2020
and fiscal year 2021.
new text end
Sec. 35. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Commissioner of education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the commissioner of education in the fiscal year
designated.
new text end
new text begin Subd. 2. new text end
new text begin Mounds View early college aid. new text end
new text begin
(a) For Independent School District No. 621,
Mounds View:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) The amount awarded under this subdivision must be used to provide scholarships
for teachers who teach secondary school courses for postsecondary credit through the
district's early college program to enroll in up to 18 graduate credits in an applicable subject
area. The district and the State Partnership are encouraged to collaborate to avoid duplication
of service and, to the extent practicable, provide district teachers access to the State
Partnership's continuing education program established in accordance with Laws 2017, First
Special Session chapter 5, article 2, section 48.
new text end
new text begin
(c) This is a onetime appropriation.
new text end
new text begin
(d) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2022. Any remaining balance is canceled to the
general fund.
new text end
new text begin Subd. 3. new text end
new text begin Vocational enrichment revenue. new text end
new text begin
(a) For vocational enrichment grants to school
districts, including Independent School District No. 2752, Fairmont, for career and technical
education in extended week and summer school programs:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) A school district must apply for a grant in the form and manner specified by the
commissioner. The maximum amount of a vocational enrichment grant equals the product
of:
new text end
new text begin
(1) $5,117;
new text end
new text begin
(2) 1.2;
new text end
new text begin
(3) the number of students participating in the program; and
new text end
new text begin
(4) the ratio of the actual hours of service provided to each student to 1,020.
new text end
new text begin
(c) If applications for funding exceed the amount appropriated for the program, the
commissioner must prioritize grants to programs in the following pathways: welding;
construction trades; automotive technology; household electrical skills; heating, ventilation,
and air conditioning; plumbing; culinary arts; and agriculture.
new text end
new text begin
(d) This is a onetime appropriation.
new text end
new text begin
(e) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021.
new text end
new text begin Subd. 4. new text end
new text begin Vocational postsecondary enrollment options. new text end
new text begin
(a) For a grant to Independent
School District No. 110, Waconia, to establish a career and technical education dual credit
pilot program in partnership with Hennepin County Technical College and Ridgewater
College offering courses in manufacturing and construction:
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
2019 new text end |
new text begin
(b) A dual credit course offered under the pilot program must be taught by a qualified
school district teacher or college faculty member. A student that completes a course offered
by the career and technical education dual credit pilot program must receive both a secondary
credit and postsecondary credit. A student may also receive an industry-recognized certificate,
if appropriate.
new text end
new text begin
(c) A dual credit course offered under the pilot program is not subject to the requirements
of Minnesota Statutes, section 124D.09. A student enrolled in a dual credit course is included
in the school district's average daily membership in accordance with Minnesota Statutes,
section 126C.05, during the hours of participation in the course.
new text end
new text begin
(d) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021.
new text end
new text begin
(e) This is a onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin Mind Foundry Learning Foundation. new text end
new text begin
(a) For a grant to the Mind Foundry
Learning Foundation to run after-school STEM programming to inspire and educate
underserved youth in St. Paul about the value of STEM fields in 21st century work and
learning:
new text end
|
new text begin
$ new text end |
new text begin
200,000 new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
new text begin
(b) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2021.
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, 2018.
new text end
Sec. 36. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
column A to the references listed in column B.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
new text begin
136D.01 new text end |
new text begin
123C.01 new text end |
|
new text begin
136D.21 new text end |
new text begin
123C.21 new text end |
|
new text begin
136D.22 new text end |
new text begin
123C.22 new text end |
|
new text begin
136D.23 new text end |
new text begin
123C.23 new text end |
|
new text begin
136D.24 new text end |
new text begin
123C.24 new text end |
|
new text begin
136D.25 new text end |
new text begin
123C.25 new text end |
|
new text begin
136D.26 new text end |
new text begin
123C.26 new text end |
|
new text begin
136D.281 new text end |
new text begin
123C.27 new text end |
|
new text begin
136D.29 new text end |
new text begin
123C.28 new text end |
|
new text begin
136D.31 new text end |
new text begin
123C.29 new text end |
|
new text begin
136D.41 new text end |
new text begin
123C.41 new text end |
|
new text begin
136D.42 new text end |
new text begin
123C.42 new text end |
|
new text begin
136D.43 new text end |
new text begin
123C.43 new text end |
|
new text begin
136D.44 new text end |
new text begin
123C.44 new text end |
|
new text begin
136D.45 new text end |
new text begin
123C.45 new text end |
|
new text begin
136D.46 new text end |
new text begin
123C.46 new text end |
|
new text begin
136D.47 new text end |
new text begin
123C.47 new text end |
|
new text begin
136D.48 new text end |
new text begin
123C.48 new text end |
|
new text begin
136D.49 new text end |
new text begin
123C.49 new text end |
|
new text begin
136D.71 new text end |
new text begin
123C.71 new text end |
|
new text begin
136D.72 new text end |
new text begin
123C.72 new text end |
|
new text begin
136D.73 new text end |
new text begin
123C.73 new text end |
|
new text begin
136D.74 new text end |
new text begin
123C.74 new text end |
|
new text begin
136D.741 new text end |
new text begin
123C.75 new text end |
|
new text begin
136D.76 new text end |
new text begin
123C.76 new text end |
|
new text begin
136D.81 new text end |
new text begin
123C.81 new text end |
|
new text begin
136D.82 new text end |
new text begin
123C.82 new text end |
|
new text begin
136D.83 new text end |
new text begin
123C.83 new text end |
|
new text begin
136D.84 new text end |
new text begin
123C.84 new text end |
|
new text begin
136D.85 new text end |
new text begin
123C.85 new text end |
|
new text begin
136D.86 new text end |
new text begin
123C.86 new text end |
|
new text begin
136D.88 new text end |
new text begin
123C.87 new text end |
|
new text begin
136D.90 new text end |
new text begin
123C.88 new text end |
|
new text begin
136D.92 new text end |
new text begin
123C.89 new text end |
|
new text begin
136D.93 new text end |
new text begin
123C.90 new text end |
|
new text begin
136D.94 new text end |
new text begin
123C.91 new text end |
new text begin
(b) The revisor of statutes shall make necessary cross-reference changes in Minnesota
Statutes and Minnesota Rules consistent with renumbering of Minnesota Statutes, chapter
136D in this act, and if Minnesota Statutes, chapter 136D, is further amended in the 2018
legislative session, shall codify the amendments in a manner consistent with this act. The
revisor may make necessary changes to sentence structure to preserve the meaning of the
text.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 37. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, section 120B.299, subdivisions 7, 8, 9, and 11,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
TEACHERS
Section 1.
Minnesota Statutes 2016, section 121A.39, is amended to read:
121A.39 SCHOOL COUNSELORS.
(a) A school district is strongly encouraged to have an adequate student-to-counselor
ratio for its students beginning in the 2015-2016 school year and later.
(b) A school counselor deleted text begin shalldeleted text end new text begin mustnew text end assist a student in meeting the requirements for high
school graduation, college and career exploration, and selection, college affordability
planning, and successful transitions into postsecondary education or training.new text begin As part of
college and career exploration, a counselor is encouraged to present and explain the career
opportunities and benefits offered by the United States armed forces and share information
provided to the counselor by armed forces recruiters. In discussing military service with a
student or a student's parent or guardian, a school counselor is encouraged to provide the
student, parent, or guardian information concerning the military enlistment test. A counselor
may consult with the Department of Labor and Industry to identify resources for students
interested in exploring career opportunities in high-wage, high-demand occupations in the
skilled trades and manufacturing.
new text end
new text begin
(c) A school counselor must not discourage or otherwise interfere with a student's
enlistment, or intention to enlist, in the armed forces.
new text end
Sec. 2.
new text begin
[122A.051] CODE OF ETHICS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
Each teacher, upon entering the teaching profession, assumes a
number of obligations, one of which is to adhere to a set of principles that defines professional
conduct. These principles are reflected in the code of ethics, which sets forth to the education
profession and the public it serves standards of professional conduct. This code applies to
all persons licensed according to rules established by the Professional Educator Licensing
and Standards Board.
new text end
new text begin Subd. 2. new text end
new text begin Standards of professional conduct. new text end
new text begin
(a) A teacher must provide professional
education services in a nondiscriminatory manner.
new text end
new text begin
(b) A teacher must make reasonable effort to protect students from conditions harmful
to health and safety.
new text end
new text begin
(c) In accordance with state and federal laws, a teacher must disclose confidential
information about individuals only when a compelling professional purpose is served or
when required by law.
new text end
new text begin
(d) A teacher must take reasonable disciplinary action in exercising the authority to
provide an atmosphere conducive to learning.
new text end
new text begin
(e) A teacher must not use professional relationships with students, parents, and
colleagues to personal advantage.
new text end
new text begin
(f) A teacher must delegate authority for teaching responsibilities only to licensed
personnel or as otherwise provided by law.
new text end
new text begin
(g) A teacher must not deliberately suppress or distort subject matter.
new text end
new text begin
(h) A teacher must not knowingly falsify or misrepresent records or facts relating to that
teacher's own qualifications or to other teachers' qualifications.
new text end
new text begin
(i) A teacher must not knowingly make false or malicious statements about students or
colleagues.
new text end
new text begin
(j) A teacher must accept a contract for a teaching position that requires licensing only
if properly or provisionally licensed for that position.
new text end
new text begin
(k) A teacher must not engage in any sexual contact with a student.
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.
Minnesota Statutes 2017 Supplement, section 122A.09, subdivision 2, is amended
to read:
Subd. 2.
Advise members of profession.
The Professional Educator Licensing and
Standards Board must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethicsnew text begin in section 122A.051new 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.
Minnesota Statutes 2017 Supplement, section 122A.18, subdivision 8, is amended
to read:
Subd. 8.
Background checks.
(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension on all first-time
teaching applicants for licenses under their jurisdiction. Applicants must include with their
licensure applications:
(1) an executed criminal history consent form, including fingerprints; and
(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.
(b) The superintendent of the Bureau of Criminal Apprehension deleted text begin shalldeleted text end new text begin mustnew text end perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange fingerprints with the Federal Bureau of
Investigation for purposes of the criminal history check. The superintendent deleted text begin shalldeleted text end new text begin mustnew text end
recover the cost to the bureau of a background check through the fee charged to the applicant
under paragraph (a).
deleted text begin
(c) The Professional Educator Licensing and Standards Board or the Board of School
Administrators may issue a license pending completion of a background check under this
subdivision, but must notify the individual and the school district or charter school employing
the individual that the individual's license may be revoked based on the result of the
background check.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2017 Supplement, section 122A.187, subdivision 3, is amended
to read:
Subd. 3.
Professional growth.
(a) Applicants for license renewal for a Tier 3 or Tier 4
license under sections 122A.183 and 122A.184, respectively, who have been employed as
a teacher during the renewal period of the expiring license, as a condition of license renewal,
must present to their local continuing education and relicensure committee or other local
relicensure committee evidence of work that demonstrates professional reflection and growth
in best teaching practices, including among other things, cultural competence in accordance
with section 120B.30, subdivision 1, paragraph (q), and practices in meeting the varied
needs of English learners, from young children to adults under section 124D.59, subdivisions
2 and 2a. A teacher may satisfy the requirements of this paragraph by submitting the teacher's
most recent summative evaluation or improvement plan under section 122A.40, subdivision
8, or 122A.41, subdivision 5.new text begin Counselors, school social workers, and teachers who do not
provide direct instruction but who provide academic, college, and career planning and
support to students may submit proof of training on armed forces career options or careers
in the skilled trades and manufacturing as additional evidence of professional growth.
new text end
(b) The Professional Educator Licensing and Standards Board must ensure that its teacher
relicensing requirements include paragraph (a).
Sec. 6.
Minnesota Statutes 2017 Supplement, section 122A.187, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Background check. new text end
new text begin
The Professional Educator Licensing and Standards Board
and the Board of School Administrators must request a criminal history background check
on a licensed teacher applying for a renewal license who has not had a background check
within the preceding five years.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 7.
Minnesota Statutes 2017 Supplement, section 122A.20, subdivision 1, is amended
to read:
Subdivision 1.
Grounds for revocation, suspension, or denial.
(a) The Professional
Educator Licensing and Standards Board or Board of School Administrators, whichever
has jurisdiction over a teacher's licensure, may, on the written complaint of the school board
employing a teacher, a teacher organization, or any other interested person, refuse to issue,
refuse to renew, suspend, or revoke a teacher's license to teach for any of the following
causes:
(1) immoral character or conduct;
(2) failure, without justifiable cause, to teach for the term of the teacher's contract;
(3) gross inefficiency or willful neglect of duty;
(4) failure to meet licensure requirements; or
(5) fraud or misrepresentation in obtaining a license.
The written complaint must specify the nature and character of the charges.
(b) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, deleted text begin shalldeleted text end new text begin mustnew text end refuse to
issue, refuse to renew, or automatically revoke a teacher's license to teach without the right
to a hearing upon receiving a certified copy of a conviction showing that the teacher has
been convicted ofnew text begin :
new text end
new text begin
(1) a qualified domestic violence-related offense, as defined in section 609.02, subdivision
16;
new text end
new text begin (2)new text end child abuse, as defined in section 609.185deleted text begin ,deleted text end new text begin ;
new text end
new text begin
(3) domestic assault under section 609.2242;
new text end
new text begin (4)new text end sex trafficking in the first degree under section 609.322, subdivision 1deleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end sex trafficking in the second degree under section 609.322, subdivision 1adeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end engaging in hiring, or agreeing to hire a minor to engage in prostitution under section
609.324, deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 1, deleted text begin sexual abusedeleted text end new text begin 1a, and 2;
new text end
new text begin (7) criminal sexual conductnew text end under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3, or 617.23, subdivision 3deleted text begin ,deleted text end new text begin ;
new text end
new text begin (8)new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352deleted text begin ,deleted text end new text begin ;
new text end
new text begin
(9) embezzlement of public funds under section 609.54, clause (2);
new text end
new text begin (10)new text end interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minordeleted text begin ,deleted text end new text begin ;
new text end
new text begin (11)new text end using minors in a sexual performance under section 617.246deleted text begin ,deleted text end new text begin ;
new text end
new text begin (12)new text end possessing pornographic works involving a minor under section 617.247deleted text begin ,deleted text end new text begin ;new text end or
new text begin (13)new text end any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United States.
new text begin
In addition, the board must refuse to issue, refuse to renew, or automatically revoke a
teacher's license to teach without the right to a hearing upon receiving a certified copy of a
stay of adjudication for an offense that, if convicted of, would require predatory offender
registration under section 243.166. The board may refuse to issue, refuse to renew, or revoke
a teacher's license to teach upon receiving a certified copy of a stay of adjudication for any
other offense described in this paragraph.
new text end
The board deleted text begin shalldeleted text end new text begin mustnew text end send notice of this licensing action to the district in which the teacher
is currently employed.
(c) A person whose license to teach has been revoked, not issued, or not renewed under
paragraph (b), may petition the board to reconsider the licensing action if the person's
conviction for child abuse or sexual abuse is reversed by a final decision of the Court of
Appeals or the Supreme Court or if the person has received a pardon for the offense. The
petitioner deleted text begin shalldeleted text end new text begin mustnew text end attach a certified copy of the appellate court's final decision or the
pardon to the petition. Upon receiving the petition and its attachment, the board deleted text begin shalldeleted text end new text begin mustnew text end
schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2,
unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
the reversal of the petitioner's criminal conviction or the issuance of a pardon, the petitioner
is disqualified from teaching under paragraph (a), clause (1), the board deleted text begin shalldeleted text end new text begin mustnew text end affirm
its previous licensing action. If the board finds that the petitioner is not disqualified from
teaching under paragraph (a), clause (1), it deleted text begin shalldeleted text end new text begin mustnew text end reverse its previous licensing action.
new text begin
(d) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must refuse to issue,
refuse to renew, or revoke a teacher's license to teach if the teacher has been convicted of:
new text end
new text begin
(1) a felony; or
new text end
new text begin
(2) a gross misdemeanor involving a minor.
new text end
new text begin
A person whose license to teach has been revoked, not issued, or not renewed under this
paragraph may petition the board to reconsider for good cause shown, in accordance with
procedures adopted by the board.
new text end
new text begin
(e) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must refuse to issue,
refuse to renew, or revoke a teacher's license to teach if the teacher has engaged in sexual
penetration as defined in section 609.321, subdivision 11, with a student enrolled in a school
where the teacher works or volunteers.
new text end
new text begin
(f) A decision by the Professional Educator Licensing and Standards Board to refuse to
issue, refuse to renew, suspend, or revoke a license under this subdivision is not subject to
review under section 122A.188.
new text end
new text begin
(g) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, may suspend a teacher's
license pending an investigation into a report of conduct that would be grounds for revocation
under paragraph (b), (d), or (e).
new text end
deleted text begin (d)deleted text end new text begin (h)new text end For purposes of this subdivision, the Professional Educator Licensing and
Standards Board is delegated the authority to suspend or revoke coaching licenses.
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 2017 Supplement, section 122A.20, subdivision 2, is amended
to read:
Subd. 2.
Mandatory reporting.
(a) A school board must report to the Professional
Educator Licensing and Standards Board, the Board of School Administrators, or the Board
of Trustees of the Minnesota State Colleges and Universities, whichever has jurisdiction
over the teacher's or administrator's license, when its teacher or administrator is discharged
or resigns from employment after a charge is filed with the school board under section
122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed that are
grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses (1) to
(5), or when a teacher or administrator is suspended or resigns while an investigation is
pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5); 122A.41,
subdivisions 6, clauses (1), (2), and (3), and 7; or 626.556, or when a teacher or administrator
is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a),
clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the appropriate
licensing board within ten days after the discharge, suspension, or resignation has occurred.
The licensing board to which the report is made must investigate the report for violation of
subdivision 1 and the reporting board must cooperate in the investigation. Notwithstanding
any provision in chapter 13 or any law to the contrary, upon written request from the licensing
board having jurisdiction over the license, a board or school superintendent deleted text begin shalldeleted text end new text begin mustnew text end
provide the licensing board with information about the teacher or administrator from the
district's files, any termination or disciplinary proceeding, any settlement or compromise,
or any investigative file. Upon written request from the appropriate licensing board, a board
or school superintendent may, at the discretion of the board or school superintendent, solicit
the written consent of a student and the student's parent to provide the licensing board with
information that may aid the licensing board in its investigation and license proceedings.
The licensing board's request need not identify a student or parent by name. The consent
of the student and the student's parent must meet the requirements of chapter 13 and Code
of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
form to the district. Any data transmitted to any board under this section is private data
under section 13.02, subdivision 12, notwithstanding any other classification of the data
when it was in the possession of any other agency.
(b) The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.
(c) The Professional Educator Licensing and Standards Board and Board of School
Administrators must report to the appropriate law enforcement authorities a revocation,
suspension, or agreement involving a loss of license, relating to a teacher or administrator's
inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
authority" means a police department, county sheriff, or tribal police department. A report
by the Professional Educator Licensing and Standards Board new text begin or the Board of School
Administrators new text end to appropriate law enforcement authorities does not diminish, modify, or
otherwise affect the responsibilities of a new text begin licensing board, new text end school boardnew text begin ,new text end or any person
mandated to report abuse under section 626.556.
new text begin
(d) The Professional Educator Licensing and Standards Board and Board of School
Administrators must, immediately upon receiving information that gives the board reason
to believe a child has at any time been neglected or physically or sexually abused, as defined
in section 626.556, subdivision 2, report the information to:
new text end
new text begin
(1) the local welfare agency, agency responsible for assessing or investigating the report,
or tribal social services agency; and
new text end
new text begin
(2) the police department, county sheriff, or tribal police department.
new text end
new text begin
A report under this paragraph does not diminish, modify, or otherwise affect the
responsibilities of a licensing board under section 626.556.
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. 9.
Minnesota Statutes 2017 Supplement, section 122A.40, subdivision 13, is amended
to read:
Subd. 13.
Immediate discharge.
(a) Except as otherwise provided in paragraph (b), a
board may discharge a continuing-contract teacher, effective immediately, upon any of the
following grounds:
(1) immoral conduct, insubordination, or conviction of a felony;
(2) conduct unbecoming a teacher which requires the immediate removal of the teacher
from classroom or other duties;
(3) failure without justifiable cause to teach without first securing the written release of
the school board;
(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;
(5) willful neglect of duty; or
(6) continuing physical or mental disability subsequent to a 12 months leave of absence
and inability to qualify for reinstatement in accordance with subdivision 12.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.
Prior to discharging a teacher under this paragraph, the board must notify the teacher in
writing and state its ground for the proposed discharge in reasonable detail. Within ten days
after receipt of this notification the teacher may make a written request for a hearing before
the board and it deleted text begin shalldeleted text end new text begin mustnew text end be granted before final action is taken. The board may suspend
a teacher with pay pending the conclusion of the hearing and determination of the issues
raised in the hearing after charges have been filed which constitute ground for discharge.
If a teacher has been charged with a felony and the underlying conduct that is the subject
of the felony charge is a ground for a proposed immediate discharge, the suspension pending
the conclusion of the hearing and determination of the issues may be without pay. If a
hearing under this paragraph is held, the board must reimburse the teacher for any salary
or compensation withheld if the final decision of the board or the arbitrator does not result
in a penalty to or suspension, termination, or discharge of the teacher.
(b) A board must discharge a continuing-contract teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction fornew text begin :
new text end
new text begin (1)new text end child abuse, as defined in section 609.185;
new text begin (2)new text end sex trafficking in the first degree under section 609.322, subdivision 1;
new text begin (3)new text end sex trafficking in the second degree under section 609.322, subdivision 1a;
new text begin (4)new text end engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, subdivision 1;
new text begin (5)new text end sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3, or 617.23, subdivision 3;
new text begin (6)new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;
new text begin (7)new text end interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor;
new text begin (8)new text end using minors in a sexual performance under section 617.246;
new text begin (9)new text end possessing pornographic works involving a minor under section 617.247; deleted text begin or
deleted text end
new text begin (10)new text end any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United Statesnew text begin ; or
new text end
new text begin (11) any other offense not listed in this paragraph that requires notice of a licensing
action to the district in accordance with section 122A.20, subdivision 1, paragraph (b)new text end .
new text begin
In addition, a board must discharge a continuing-contract teacher, effective immediately,
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a stay of adjudication for an offense that, if convicted of,
would require predatory offender registration under section 243.166.
new text end
(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under section 626.556,
subdivision 11, the school principal or other person having administrative control of the
school must include in the teacher's employment record the information contained in the
record of the disciplinary action or the final maltreatment determination, consistent with
the definition of public data under section 13.41, subdivision 5, and must provide the
Professional Educator Licensing and Standards Board deleted text begin and the licensing division at the
departmentdeleted text end with the necessary and relevant information to enable the Professional Educator
Licensing and Standards Board deleted text begin and the department's licensing divisiondeleted text end to fulfill deleted text begin theirdeleted text end new text begin itsnew text end
statutory and administrative duties related to issuing, renewing, suspending, or revoking a
teacher's license. Information received by the Professional Educator Licensing and Standards
Board deleted text begin or the licensing division at the departmentdeleted text end under this paragraph is governed by section
13.41 or other applicable law governing data of the receiving entity. In addition to the
background check required under section 123B.03, a school board or other school hiring
authority must contact the Professional Educator Licensing and Standards Board deleted text begin and the
departmentdeleted text end to determine whether the teacher's license has been suspended or revoked,
consistent with the discharge and final maltreatment determinations identified in this
paragraph. Unless restricted by federal or state data practices law or by the terms of a
collective bargaining agreement, the responsible authority for a school district must
disseminate to another school district private personnel data on a current or former teacher
employee or contractor of the district, including the results of background investigations,
if the requesting school district seeks the information because the subject of the data has
applied for employment with the requesting school district.
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 2017 Supplement, section 122A.41, subdivision 6, is amended
to read:
Subd. 6.
Grounds for discharge or demotion.
(a) Except as otherwise provided in
paragraph (b), causes for the discharge or demotion of a teacher either during or after the
probationary period must be:
(1) immoral character, conduct unbecoming a teacher, or insubordination;
(2) failure without justifiable cause to teach without first securing the written release of
the school board having the care, management, or control of the school in which the teacher
is employed;
(3) inefficiency in teaching or in the management of a school, consistent with subdivision
5, paragraph (b);
(4) affliction with a communicable disease must be considered as cause for removal or
suspension while the teacher is suffering from such disability; or
(5) discontinuance of position or lack of pupils.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.
(b) A probationary or continuing-contract teacher must be discharged immediately upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction fornew text begin :
new text end
new text begin (1)new text end child abuse, as defined in section 609.185;
new text begin (2)new text end sex trafficking in the first degree under section 609.322, subdivision 1;
new text begin (3)new text end sex trafficking in the second degree under section 609.322, subdivision 1a;
new text begin (4)new text end engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, subdivision 1;
new text begin (5)new text end sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3, or 617.23, subdivision 3;
new text begin (6)new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;
new text begin (7)new text end interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor;
new text begin (8)new text end using minors in a sexual performance under section 617.246;
new text begin (9)new text end possessing pornographic works involving a minor under section 617.247; deleted text begin or
deleted text end
new text begin (10)new text end any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United Statesnew text begin ; or
new text end
new text begin (11) any other offense not listed in this paragraph that requires notice of a licensing
action to the district in accordance with section 122A.20, subdivision 1, paragraph (b)new text end .
new text begin
In addition, a probationary or continuing-contract teacher must be discharged immediately
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a stay of adjudication for an offense that, if convicted of,
would require predatory offender registration under section 243.166.
new text end
(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under section 626.556,
subdivision 11, the school principal or other person having administrative control of the
school must include in the teacher's employment record the information contained in the
record of the disciplinary action or the final maltreatment determination, consistent with
the definition of public data under section 13.41, subdivision 5, and must provide the
Professional Educator Licensing and Standards Board deleted text begin and the licensing division at the
departmentdeleted text end with the necessary and relevant information to enable the Professional Educator
Licensing and Standards Board deleted text begin and the department's licensing divisiondeleted text end to fulfill deleted text begin theirdeleted text end new text begin itsnew text end
statutory and administrative duties related to issuing, renewing, suspending, or revoking a
teacher's license. Information received by the Professional Educator Licensing and Standards
Board deleted text begin or the licensing division at the departmentdeleted text end under this paragraph is governed by section
13.41 or other applicable law governing data of the receiving entity. In addition to the
background check required under section 123B.03, a school board or other school hiring
authority must contact the Professional Educator Licensing and Standards Board deleted text begin and the
departmentdeleted text end to determine whether the teacher's license has been suspended or revoked,
consistent with the discharge and final maltreatment determinations identified in this
paragraph. Unless restricted by federal or state data practices law or by the terms of a
collective bargaining agreement, the responsible authority for a school district must
disseminate to another school district private personnel data on a current or former teacher
employee or contractor of the district, including the results of background investigations,
if the requesting school district seeks the information because the subject of the data has
applied for employment with the requesting school district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2016, section 122A.42, is amended to read:
122A.42 GENERAL CONTROL OF SCHOOLS.
(a) The teacher of record shall have the general control and government of the school
and classroom. When more than one teacher is employed in any district, one of the teachers
may be designated by the board as principal and shall have the general control and
supervision of the schools of the district, subject to the general supervisory control of the
board and other officers.
(b) Consistent with paragraph (a), the teacher may remove students from class under
section 121A.61, subdivision 2, for violent or disruptive conduct.new text begin A school district must
include notice of a teacher's authority under this paragraph in a teacher handbook, school
policy guide, or other similar communication.
new text end
Sec. 12.
Minnesota Statutes 2016, section 122A.71, subdivision 2, is amended to read:
Subd. 2.
Responsibility.
deleted text begin By July 1, 1989,deleted text end The deleted text begin Board of Teachingdeleted text end new text begin Professional Educator
Licensing and Standards Boardnew text end must deleted text begin begin todeleted text end evaluate the effectiveness of prebaccalaureate,
postbaccalaureate, and other alternative program structures for preparing candidates for
entrance into the teaching profession. The evaluation deleted text begin shalldeleted text end new text begin mustnew text end be conducted by independent
research centers or evaluators who are not associated with a Minnesota teacher education
institution and deleted text begin shalldeleted text end new text begin mustnew text end be longitudinal in nature.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 1, is amended
to read:
Subdivision 1.
Background check required.
(a) A school hiring authority deleted text begin shalldeleted text end new text begin mustnew text end
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and on
all individuals, except enrolled student volunteers, who are offered the opportunity to provide
athletic coaching services or other extracurricular academic coaching services to a school,
regardless of whether any compensation is paid. In order for an individual to be eligible for
employment or to provide the services, the individual must provide an executed criminal
history consent form and a money order or check payable to either the Bureau of Criminal
Apprehension or the school hiring authority, at the discretion of the school hiring authority,
in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the school
district of conducting the criminal history background check. A school hiring authority
deciding to receive payment may, at its discretion, accept payment in the form of a negotiable
instrument other than a money order or check and shall pay the superintendent of the Bureau
of Criminal Apprehension directly to conduct the background check. The superintendent
of the Bureau of Criminal Apprehension shall conduct the background check by retrieving
criminal history data as defined in section 13.87. A school hiring authority, at its discretion,
may decide not to request a criminal history background check on an individual who holds
an initial entrance license issued by the Professional Educator Licensing and Standards
Board or the commissioner of education within the 12 months preceding an offer of
employment.
(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:
(1) the results of the criminal background check are on file with the other school hiring
authority or otherwise accessible;
(2) the other school hiring authority conducted a criminal background check within the
previous 12 months;
(3) the individual who is the subject of the criminal background check executes a written
consent form giving a school hiring authority access to the results of the check; and
(4) there is no reason to believe that the individual has committed an act subsequent to
the check that would disqualify the individual for employment.
(c) A school hiring authority may, at its discretion, request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension on any individual
who seeks to enter a school or its grounds for the purpose of serving as a school volunteer
or working as an independent contractor or student employee. In order for an individual to
enter a school or its grounds under this paragraph when the school hiring authority decides
to request a criminal history background check on the individual, the individual first must
provide an executed criminal history consent form and a money order, check, or other
negotiable instrument payable to the school district in an amount equal to the actual cost to
the Bureau of Criminal Apprehension and the school district of conducting the criminal
history background check. Notwithstanding section 299C.62, subdivision 1, the cost of the
criminal history background check under this paragraph is the responsibility of the individual
unless a school hiring authority decides to pay the costs of conducting a background check
under this paragraph. If the school hiring authority pays the costs, the individual who is the
subject of the background check need not pay for it.
new text begin
(d) In addition to the initial background check required for all individuals offered
employment in accordance with paragraph (a), a school hiring authority must request a new
criminal history background check from the superintendent of the Bureau of Criminal
Apprehension on all employees every five years. Notwithstanding any law to the contrary,
in order for an individual to be eligible for continued employment, an individual must
provide an executed criminal history consent form and a money order or check payable to
either the Bureau of Criminal Apprehension or the school hiring authority, at the discretion
of the school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal
Apprehension and the school district of conducting the criminal history background check.
A school hiring authority deciding to receive payment may, at its discretion, accept payment
in the form of a negotiable instrument other than a money order or check and shall pay the
superintendent of the Bureau of Criminal Apprehension directly to conduct the background
check. A school hiring authority, at its discretion, may decide not to request a criminal
history background check on an employee who provides the hiring authority with a copy
of the results of a criminal history background check conducted within the previous 60
months. A school hiring authority may, at its discretion, decide to pay the costs of conducting
a background check under this paragraph.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end For all nonstate residents who are offered employment in a school, a school hiring
authority shall request a criminal history background check on such individuals from the
superintendent of the Bureau of Criminal Apprehension and from the government agency
performing the same function in the resident state or, if no government entity performs the
same function in the resident state, from the Federal Bureau of Investigation. Such individuals
must provide an executed criminal history consent form and a money order, check, or other
negotiable instrument payable to the school hiring authority in an amount equal to the actual
cost to the government agencies and the school district of conducting the criminal history
background check. Notwithstanding section 299C.62, subdivision 1, the cost of the criminal
history background check under this paragraph is the responsibility of the individual.
deleted text begin (e)deleted text end new text begin (f)new text end At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2019-2020 school year and later.
new text end
Sec. 14.
Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 2, is amended
to read:
Subd. 2.
Effect of background check or Professional Educator Licensing and
Standards Board action.
(a) deleted text begin A school hiring authority may hire or otherwise allow an
individual to provide a service to a school pending completion of a background check under
subdivision 1 or obtaining notice of a Professional Educator Licensing and Standards Board
action under subdivision 1a but shall notify the individual that the individual's employment
or other service may be terminated based on the result of the background check or
Professional Educator Licensing and Standards Board action.deleted text end A school hiring authority is
not liable for failing to hire or for terminating an individual's employment or other service
based on the result of a background check or Professional Educator Licensing and Standards
Board action under this section.
(b) For purposes of this paragraph, a school hiring authority must inform an individual
if the individual's application to be an employee or volunteer in the district has been denied
as a result of a background check conducted under this section. The school hiring authority
must also inform an individual who is a current employee or volunteer if the individual's
employment or volunteer status in the district is being terminated as a result of a background
check conducted under subdivision 4.
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.
Minnesota Statutes 2016, section 171.02, subdivision 2a, is amended to read:
Subd. 2a.
Exception for certain school bus drivers.
Notwithstanding subdivision 2,
paragraph (b), the holder of a class D driver's license, without a school bus endorsement,
may operate a type A school bus or a multifunction school activity bus under the following
conditions:
(a) The operator is an employee of the entity that owns, leases, or contracts for the school
bus and is not solely hired to provide transportation services under this subdivision.
(b) The operator drives the school bus only from points of origin to points of destination,
not including home-to-school trips to pick up or drop off students.
(c) The operator is prohibited from using the eight-light system. Violation of this
paragraph is a misdemeanor.
(d) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
(1) safe operation of the type of school bus the operator will be driving;
(2) understanding student behavior, including issues relating to students with disabilities;
(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
(4) knowing and understanding relevant laws, rules of the road, and local school bus
safety policies;
(5) handling emergency situations; and
(6) safe loading and unloading of students.
(e) A background check or background investigation of the operator has been conducted
that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for teachers;
section 144.057 or chapter 245C for day care employees; or section 171.321, subdivision
3, for all other persons operating a school bus under this subdivision.
(f) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.
(g) The operator's driver's license is verified annually by the entity that owns, leases, or
contracts for the school bus.
(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute
or ordinance of another state is precluded from operating a school bus for five years from
the date of conviction.
(i) A person who has ever been convicted of a disqualifying offense as defined in section
171.3215, subdivision 1, paragraph (c), new text begin or received a stay of adjudication for an offense
that, if convicted of, would require predatory offender registration under section 243.166,new text end
may not operate a school bus under this subdivision.
(j) A person who sustains a conviction, as defined under section 609.02, of a fourth
moving offense in violation of chapter 169 is precluded from operating a school bus for one
year from the date of the last conviction.
(k) Students riding the school bus must have training required under section 123B.90,
subdivision 2.
(l) An operator must be trained in the proper use of child safety restraints as set forth in
the National Highway Traffic Safety Administration's "Guideline for the Safe Transportation
of Pre-school Age Children in School Buses," if child safety restraints are used by the
passengers.
(m) Annual certification of the requirements listed in this subdivision must be maintained
under separate file at the business location for each operator licensed under this subdivision
and subdivision 2, paragraph (b), clause (5). The business manager, school board, governing
body of a nonpublic school, or any other entity that owns, leases, or contracts for the school
bus operating under this subdivision is responsible for maintaining these files for inspection.
(n) The school bus must bear a current certificate of inspection issued under section
169.451.
(o) If the word "School" appears on the front and rear of the bus, the word "School"
must be covered by a sign that reads "Activities" when the bus is being operated under
authority of this subdivision.
(p) The type A-I school bus or multifunction school activity bus is designed to transport
15 or fewer passengers, including the driver.
(q) The school bus or multifunction school activity bus has a gross vehicle weight rating
of 14,500 pounds or less.
Sec. 16.
Minnesota Statutes 2017 Supplement, section 171.02, subdivision 2b, is amended
to read:
Subd. 2b.
Exception for type III vehicle drivers.
(a) Notwithstanding subdivision 2,
the holder of a class A, B, C, or D driver's license, without a school bus endorsement, may
operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h), under
the conditions in this subdivision.
(b) The operator is an employee of the entity that owns, leases, or contracts for the school
bus.
(c) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
(1) safe operation of a type III vehicle;
(2) understanding student behavior, including issues relating to students with disabilities;
(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
(4) knowing and understanding relevant laws, rules of the road, and local school bus
safety policies;
(5) handling emergency situations;
(6) proper use of seat belts and child safety restraints;
(7) performance of pretrip vehicle inspections;
(8) safe loading and unloading of students, including, but not limited to:
(i) utilizing a safe location for loading and unloading students at the curb, on the nontraffic
side of the roadway, or at off-street loading areas, driveways, yards, and other areas to
enable the student to avoid hazardous conditions;
(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
(iii) avoiding a loading or unloading location that would require a pupil to cross a road,
or ensuring that the driver or an aide personally escort the pupil across the road if it is not
reasonably feasible to avoid such a location;
(iv) placing the type III vehicle in "park" during loading and unloading; and
(v) escorting a pupil across the road under item (iii) only after the motor is stopped, the
ignition key is removed, the brakes are set, and the vehicle is otherwise rendered immobile;
and
(9) compliance with paragraph (k), concerning reporting certain convictions to the
employer within ten days of the date of conviction.
(d) A background check or background investigation of the operator has been conducted
that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for school
district employees; section 144.057 or chapter 245C for day care employees; or section
171.321, subdivision 3, for all other persons operating a type III vehicle under this
subdivision.
(e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.
(f) The operator's employer requires preemployment drug testing of applicants for
operator positions. Current operators must comply with the employer's policy under section
181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary, the operator's
employer may use a Breathalyzer or similar device to fulfill random alcohol testing
requirements.
(g) The operator's driver's license is verified annually by the entity that owns, leases, or
contracts for the type III vehicle as required under section 171.321, subdivision 5.
(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under
sections 169A.50 to 169A.53 of the implied consent law or section 171.177, or who is
convicted of violating or whose driver's license is revoked under a similar statute or ordinance
of another state, is precluded from operating a type III vehicle for five years from the date
of conviction.
(i) A person who has ever been convicted of a disqualifying offense as defined in section
171.3215, subdivision 1, paragraph (c), new text begin or received a stay of adjudication for an offense
that, if convicted of, would require predatory offender registration under section 243.166,new text end
may not operate a type III vehicle under this subdivision.
(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III vehicle for one year from the date of the last
conviction.
(k) An operator who sustains a conviction as described in paragraph (h)deleted text begin , (i),deleted text end or (j) while
employed by the entity that owns, leases, or contracts for the school bus, shall report the
conviction to the employer within ten days of the date of the conviction.new text begin An operator who
sustains a conviction or receives a stay of adjudication as described in paragraph (i) while
employed by an entity that owns, leases, or contracts for the school bus shall report the
conviction or stay of adjudication to the employer within ten days of the date of the conviction
or stay of adjudication.
new text end
(l) An operator of a type III vehicle whose driver's license is suspended, revoked,
canceled, or disqualified by Minnesota, another state, or another jurisdiction must notify
the operator's employer in writing of the suspension, revocation, cancellation, lost privilege,
or disqualification. The operator must notify the operator's employer before the end of the
business day immediately following the day the operator received notice of the suspension,
revocation, cancellation, lost privilege, or disqualification.
(m) Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.
(n) Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III vehicle operator.
The business manager, school board, governing body of a nonpublic school, or any other
entity that owns, leases, or contracts for the type III vehicle operating under this subdivision
is responsible for maintaining these files for inspection.
(o) The type III vehicle must bear a current certificate of inspection issued under section
169.451.
(p) An employee of a school or of a school district, who is not employed for the sole
purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).
Sec. 17.
Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 2, is amended
to read:
Subd. 2.
Cancellation for disqualifying and other offenses.
Within ten days of receiving
notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted of a disqualifying offensenew text begin or received a
stay of adjudication for an offense that, if convicted of, would require predatory offender
registration under section 243.166new text end , the commissioner shall permanently cancel the school
bus driver's endorsement on the offender's driver's license and in the case of a nonresident,
the driver's privilege to operate a school bus in Minnesota. A school bus driver whose
endorsement or privilege to operate a school bus in Minnesota has been permanently canceled
may not apply for reinstatement. Within ten days of receiving notice under section 631.40,
subdivision 1a, or otherwise receiving notice for a nonresident driver, that a school bus
driver has been convicted of a violation of section 169A.20, or a similar statute or ordinance
from another state, and within ten days of revoking a school bus driver's license under
section 169A.52 or 171.177, the commissioner shall cancel the school bus driver's
endorsement on the offender's driver's license or the nonresident's privilege to operate a
school bus in Minnesota for five years. After five years, a school bus driver may apply to
the commissioner for reinstatement. Even after five years, cancellation of a school bus
driver's endorsement or a nonresident's privilege to operate a school bus in Minnesota for
a violation under section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a
similar statute or ordinance from another state, shall remain in effect until the driver provides
proof of successful completion of an alcohol or controlled substance treatment program.
For a first offense, proof of completion is required only if treatment was ordered as part of
a chemical use assessment. Within ten days of receiving notice under section 631.40,
subdivision 1a, or otherwise receiving notice for a nonresident driver, that a school bus
driver has been convicted of a fourth moving violation in the last three years, the
commissioner shall cancel the school bus driver's endorsement on the offender's driver's
license or the nonresident's privilege to operate a school bus in Minnesota until one year
has elapsed since the last conviction. A school bus driver who has no new convictions after
one year may apply for reinstatement. Upon canceling the offender's school bus driver's
endorsement, the commissioner shall immediately notify the licensed offender of the
cancellation in writing, by depositing in the United States post office a notice addressed to
the licensed offender at the licensed offender's last known address, with postage prepaid
thereon.
Sec. 18.
Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 3, is amended
to read:
Subd. 3.
Background check.
Before issuing or renewing a driver's license with a school
bus driver's endorsement, the commissioner shall conduct an investigation to determine if
the applicant has been convicted of committing a disqualifying offense, four moving
violations in the previous three years, a violation of section 169A.20 or a similar statute or
ordinance from another state, a gross misdemeanor, or if the applicant's driver's license has
been revoked under section 169A.52 or 171.177new text begin or if the applicant received a stay of
adjudication for an offense that, if convicted of, would require predatory offender registration
under section 243.166new text end . The commissioner shall not issue a new bus driver's endorsement
and shall not renew an existing bus driver's endorsement if the applicant has been convicted
of committing a disqualifying offensenew text begin or if the applicant received a stay of adjudication for
an offense that, if convicted of, would require predatory offender registration under section
243.166new text end . The commissioner shall not issue a new bus driver's endorsement and shall not
renew an existing bus driver's endorsement if, within the previous five years, the applicant
has been convicted of committing a violation of section 169A.20, or a similar statute or
ordinance from another state, a gross misdemeanor, or if the applicant's driver's license has
been revoked under section 169A.52 or 171.177, or if, within the previous three years, the
applicant has been convicted of four moving violations. An applicant who has been convicted
of violating section 169A.20, or a similar statute or ordinance from another state, or who
has had a license revocation under section 169A.52 or 171.177 within the previous ten years
must show proof of successful completion of an alcohol or controlled substance treatment
program in order to receive a bus driver's endorsement. For a first offense, proof of
completion is required only if treatment was ordered as part of a chemical use assessment.
A school district or contractor that employs a nonresident school bus driver must conduct
a background check of the employee's driving record and criminal history in both Minnesota
and the driver's state of residence. Convictions for disqualifying offenses, gross
misdemeanors, a fourth moving violation within the previous three years, or violations of
section 169A.20, or a similar statute or ordinance in another state, must be reported to the
Department of Public Safety.
Sec. 19.
Minnesota Statutes 2016, section 299C.17, is amended to read:
299C.17 REPORT BY COURT ADMINISTRATOR.
The superintendent shall require the court administrator of every court whichnew text begin (1)new text end sentences
a defendant for a felony, gross misdemeanor, or targeted misdemeanornew text begin , or (2) grants a stay
of adjudication pursuant to section 609.095, paragraph (b), clause (2),new text end to electronically
transmit within 24 hours of the disposition of the case a report, in a form prescribed by the
superintendent providing information required by the superintendent with regard to the
prosecution and disposition of criminal cases. A copy of the report shall be kept on file in
the office of the court administrator.
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
[299C.77] BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.
new text end
new text begin
The superintendent shall disclose to each applicant for a background check or background
study required or authorized under section 122A.18, subdivision 8; 123B.03; 171.02,
subdivision 2a or 2b; or 171.3215, subdivision 3, all records of stays of adjudication granted
to the subject of the background check or background study that the superintendent receives
pursuant to section 299C.17, clause (2). The data required to be disclosed under this section
is in addition to other data on the subject of the background check or background study that
the superintendent is mandated to disclose.
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.
Minnesota Statutes 2016, section 609.095, is amended to read:
609.095 LIMITS OF SENTENCES.
(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.
(b) Except as provided innew text begin :
new text end
new text begin (1)new text end section 152.18 or 609.375deleted text begin ,deleted text end new text begin ;new text end or
new text begin (2)new text end upon agreement of the parties, a court may not refuse to adjudicate the guilt of a
defendant who tenders a guilty plea in accordance with Minnesota Rules of Criminal
Procedure, rule 15, or who has been found guilty by a court or jury following a trial.
new text begin
A stay of adjudication granted under clause (2) must be reported to the superintendent of
the Bureau of Criminal Apprehension pursuant to section 299C.17.
new text end
(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.
Sec. 22.
Minnesota Statutes 2017 Supplement, section 609A.03, subdivision 7a, is amended
to read:
Subd. 7a.
Limitations of order effective January 1, 2015, and later.
(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;
(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;
(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;
(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;
(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board or the
licensing division of the Department of Education; and
(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the court.
(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human servicesdeleted text begin ,deleted text end new text begin andnew text end the
Professional Educator Licensing and Standards Boarddeleted text begin , or the licensing division of the
Department of Educationdeleted text end of the existence of a sealed record and of the right to obtain access
under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to
the expungement order shall provide access to the record to the commissioner of human
services, the Professional Educator Licensing and Standards Board, or the licensing division
of the Department of Education under paragraph (b), clause (4) or (5).
(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.
(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.
(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.
(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015.
Sec. 23.
Minnesota Statutes 2017 Supplement, section 626.556, subdivision 2, is amended
to read:
Subd. 2.
Definitions.
As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:
(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence
or event which:
(1) is not likely to occur and could not have been prevented by exercise of due care; and
(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance with
the laws and rules relevant to the occurrence or event.
(b) "Commissioner" means the commissioner of human services.
(c) "Facility" means:
(1) a licensed or unlicensed day care facility, certified license-exempt child care center,
residential facility, agency, hospital, sanitarium, or other facility or institution required to
be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter
144H, 245D, or 245H;
(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or
(3) a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a.
(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.
(e) "Investigation" means fact gathering related to the current safety of a child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed. An investigation must be used when reports
involve sexual abuse or substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.
(f) "Mental injury" means an injury to the psychological capacity or emotional stability
of a child as evidenced by an observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with due regard to the child's
culture.
(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision
5;
(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker,
or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of
medical care may cause serious danger to the child's health. This section does not impose
upon persons, not otherwise legally responsible for providing a child with necessary food,
clothing, shelter, education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
the child at birth, results of a toxicology test performed on the mother at delivery or the
child at birth, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;
(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or person
responsible for the care of the child that adversely affects the child's basic needs and safety;
or
(9) emotional harm from a pattern of behavior which contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture.
(h) "Nonmaltreatment mistake" means:
(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that resulted
in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar nonmaltreatment
mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and
(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.
This definition only applies to child care centers licensed under Minnesota Rules, chapter
9503. If clauses (1) to (5) apply, rather than making a determination of substantiated
maltreatment by the individual, the commissioner of human services shall determine that a
nonmaltreatment mistake was made by the individual.
(i) "Operator" means an operator or agency as defined in section 245A.02.
(j) "Person responsible for the child's care" means (1) an individual functioning within
the family unit and having responsibilities for the care of the child such as a parent, guardian,
or other person having similar care responsibilities, or (2) an individual functioning outside
the family unit and having responsibilities for the care of the child such as a teacher, school
administrator, other school employees or agents, or other lawful custodian of a child having
either full-time or short-term care responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and coaching.
(k) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.
Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as allowed
by section 121A.582. Actions which are not reasonable and moderate include, but are not
limited to, any of the following:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child under 18
months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) striking a child who is at least age one but under age four on the face or head, which
results in an injury;
(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the child
to medical procedures that would be unnecessary if the child were not exposed to the
substances;
(10) unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or
(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.
(l) "Practice of social services," for the purposes of subdivision 3, includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.
(m) "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.
(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's
care, by a person who has a significant relationship to the child, as defined in section 609.341,
or by a person in a position of authority, as defined in section 609.341, subdivision 10, to
any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first
degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual
conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), deleted text begin ordeleted text end
609.3451 (criminal sexual conduct in the fifth degree)new text begin , or 609.352 (solicitation of children
to engage in sexual conduct; communication of sexually explicit materials to children)new text end .
Sexual abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Effective May 29, 2017,
sexual abuse includes all reports of known or suspected child sex trafficking involving a
child who is identified as a victim of sex trafficking. Sexual abuse includes child sex
trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member who
has committed a violation which requires registration as an offender under section 243.166,
subdivision 1b, paragraph (a) or (b), or required registration under section 243.166,
subdivision 1b, paragraph (a) or (b).
(o) "Substantial child endangerment" means a person responsible for a child's care, by
act or omission, commits or attempts to commit an act against a child under their care that
constitutes any of the following:
(1) egregious harm as defined in section 260C.007, subdivision 14;
(2) abandonment under section 260C.301, subdivision 2;
(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's
physical or mental health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;
(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(5) manslaughter in the first or second degree under section 609.20 or 609.205;
(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(7) solicitation, inducement, and promotion of prostitution under section 609.322;
(8) criminal sexual conduct under sections 609.342 to 609.3451;
(9) solicitation of children to engage in sexual conduct under section 609.352;
(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;
(11) use of a minor in sexual performance under section 617.246; or
(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.
(p) "Threatened injury" means a statement, overt act, condition, or status that represents
a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes,
but is not limited to, exposing a child to a person responsible for the child's care, as defined
in paragraph (j), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law
of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction.
A child is the subject of a report of threatened injury when the responsible social services
agency receives birth match data under paragraph (q) from the Department of Human
Services.
(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph (p), the Department of Human Services shall send the data to the responsible
social services agency. The data is known as "birth match" data. Unless the responsible
social services agency has already begun an investigation or assessment of the report due
to the birth of the child or execution of the recognition of parentage and the parent's previous
history with child protection, the agency shall accept the birth match data as a report under
this section. The agency may use either a family assessment or investigation to determine
whether the child is safe. All of the provisions of this section apply. If the child is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.
(r) Persons who conduct assessments or investigations under this section shall take into
account accepted child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's health, welfare,
and safety.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2017 Supplement, section 626.556, subdivision 3, is amended
to read:
Subd. 3.
Persons mandated to report; persons voluntarily reporting.
(a) A person
who knows or has reason to believe a child is being neglected or physically or sexually
abused, as defined in subdivision 2, or has been neglected or physically or sexually abused
within the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department if the person is:
(1) a professional or professional's delegate who is engaged in the practice of the healing
arts, social services, hospital administration, psychological or psychiatric treatment, child
care, education, correctional supervision, probation and correctional services, or law
enforcement; deleted text begin or
deleted text end
(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c)deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) a member of a board or other entity whose licensees perform work within a school
facility.
new text end
(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, county sheriff, tribal social
services agency, or tribal police department if the person knows, has reason to believe, or
suspects a child is being or has been neglected or subjected to physical or sexual abuse.
(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for licensing
or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16;
or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as
defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a
report may request the local welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees perform work within a school
facility, upon receiving a complaint of alleged maltreatment, shall provide information about
the circumstances of the alleged maltreatment to the commissioner of education. Section
13.03, subdivision 4, applies to data received by the commissioner of education from a
licensing entity.
(d) Notification requirements under subdivision 10 apply to all reports received under
this section.
(e) For purposes of this section, "immediately" means as soon as possible but in no event
longer than 24 hours.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Minnesota Statutes 2016, section 626.556, subdivision 10, is amended to read:
Subd. 10.
Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.
(a) The
police department or the county sheriff shall immediately notify the local welfare agency
or agency responsible for child protection reports under this section orally and in writing
when a report is received. The local welfare agency or agency responsible for child protection
reports shall immediately notify the local police department or the county sheriff orally and
in writing when a report is received. The county sheriff and the head of every local welfare
agency, agency responsible for child protection reports, and police department shall each
designate a person within their agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph are carried out. When the alleged maltreatment
occurred on tribal land, the local welfare agency or agency responsible for child protection
reports and the local police department or the county sheriff shall immediately notify the
tribe's social services agency and tribal law enforcement orally and in writing when a report
is received.new text begin When a police department or county sheriff receives a report or otherwise has
information indicating that a child has been the subject of physical abuse, sexual abuse, or
neglect by a person licensed by the Professional Educator Licensing and Standards Board
or Board of School Administrators, it shall, in addition to its other duties under this section,
immediately inform the licensing board.
new text end
(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct
a family assessment or an investigation as appropriate to prevent or provide a remedy for
child maltreatment. The local welfare agency:
(1) shall conduct an investigation on reports involving sexual abuse or substantial child
endangerment;
(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;
(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate, the
local welfare agency may consider issues of child safety, parental cooperation, and the need
for an immediate response;
(4) may conduct a family assessment on a report that was initially screened and assigned
for an investigation. In determining that a complete investigation is not required, the local
welfare agency must document the reason for terminating the investigation and notify the
local law enforcement agency if the local law enforcement agency is conducting a joint
investigation; and
(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an
Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.
If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care, or
sexual abuse by a person with a significant relationship to the child when that person resides
in the child's household or by a sibling, the local welfare agency shall immediately conduct
a family assessment or investigation as identified in clauses (1) to (4). In conducting a family
assessment or investigation, the local welfare agency shall gather information on the existence
of substance abuse and domestic violence and offer services for purposes of preventing
future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected
minor, and supporting and preserving family life whenever possible. If the report alleges a
violation of a criminal statute involving sexual abuse, physical abuse, or neglect or
endangerment, under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of its investigation or assessment.
In cases of alleged child maltreatment resulting in death, the local agency may rely on the
fact-finding efforts of a law enforcement investigation to make a determination of whether
or not maltreatment occurred. When necessary the local welfare agency shall seek authority
to remove the child from the custody of a parent, guardian, or adult with whom the child is
living. In performing any of these duties, the local welfare agency shall maintain appropriate
records.
If the family assessment or investigation indicates there is a potential for abuse of alcohol
or other drugs by the parent, guardian, or person responsible for the child's care, the local
welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part
9530.6615.
(c) When a local agency receives a report or otherwise has information indicating that
a child who is a client, as defined in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it
shall, in addition to its other duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner of education shall inform
the ombudsman established under sections 245.91 to 245.97 of reports regarding a child
defined as a client in section 245.91 that maltreatment occurred at a school as defined in
section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.
(d) Authority of the local welfare agency responsible for assessing or investigating the
child abuse or neglect report, the agency responsible for assessing or investigating the report,
and of the local law enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without parental consent, the alleged
victim and any other minors who currently reside with or who have resided with the alleged
offender. The interview may take place at school or at any facility or other place where the
alleged victim or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child designated by the
local welfare agency or law enforcement agency. The interview may take place outside the
presence of the alleged offender or parent, legal custodian, guardian, or school official. For
family assessments, it is the preferred practice to request a parent or guardian's permission
to interview the child prior to conducting the child interview, unless doing so would
compromise the safety assessment. Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare
agency, order that, where reasonable cause exists, the agency withhold notification of this
interview from the parent, legal custodian, or guardian. If the interview took place or is to
take place on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this paragraph, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.
(e) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the interview, and a reference
to the statutory authority to conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification or any other related
information regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child. Until that time, the local welfare
or law enforcement agency or the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures regarding the nature of the
assessment or investigation.
Except where the alleged offender is believed to be a school official or employee, the
time and place, and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement agency shall have the exclusive
authority to determine who may attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be reasonable and the interview
shall be conducted not more than 24 hours after the receipt of the notification unless another
time is considered necessary by agreement between the school officials and the local welfare
or law enforcement agency. Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply. Every effort must be made
to reduce the disruption of the educational program of the child, other students, or school
staff when an interview is conducted on school premises.
(f) Where the alleged offender or a person responsible for the care of the alleged victim
or other minor prevents access to the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or guardian to produce the alleged
victim or other minor for questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender or any person responsible
for the child's care at reasonable places and times as specified by court order.
(g) Before making an order under paragraph (f), the court shall issue an order to show
cause, either upon its own motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the hearing. The order to show cause
shall be served personally and shall be heard in the same manner as provided in other cases
in the juvenile court. The court shall consider the need for appointment of a guardian ad
litem to protect the best interests of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.
(h) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.
(i) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety, risk
of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information to
ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person reporting
the alleged maltreatment, including the nature of the reporter's relationship to the child and
to the alleged offender, and the basis of the reporter's knowledge for the report; the child
allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged maltreatment. The local welfare
agency or the agency responsible for investigating the report may make a determination of
no maltreatment early in an investigation, and close the case and retain immunity, if the
collected information shows no basis for a full investigation.
Information relevant to the assessment or investigation must be asked for, and may
include:
(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;
(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and
(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.
Nothing in this paragraph precludes the local welfare agency, the local law enforcement
agency, or the agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or investigation.
Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access
to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected or
maintained during and for the purpose of an investigation of alleged maltreatment in a school
are governed by this section, notwithstanding the data's classification as educational,
licensing, or personnel data under chapter 13.
In conducting an assessment or investigation involving a school facility as defined in
subdivision 2, paragraph (c), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.
(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact
with the child reported to be maltreated and with the child's primary caregiver sufficient to
complete a safety assessment and ensure the immediate safety of the child. The face-to-face
contact with the child and primary caregiver shall occur immediately if sexual abuse or
substantial child endangerment is alleged and within five calendar days for all other reports.
If the alleged offender was not already interviewed as the primary caregiver, the local welfare
agency shall also conduct a face-to-face interview with the alleged offender in the early
stages of the assessment or investigation. At the initial contact, the local child welfare agency
or the agency responsible for assessing or investigating the report must inform the alleged
offender of the complaints or allegations made against the individual in a manner consistent
with laws protecting the rights of the person who made the report. The interview with the
alleged offender may be postponed if it would jeopardize an active law enforcement
investigation.
(k) When conducting an investigation, the local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as possible to elicit spontaneous
responses. For investigations only, the following interviewing methods and procedures must
be used whenever possible when collecting information:
(1) audio recordings of all interviews with witnesses and collateral sources; and
(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the
alleged victim and child witnesses.
(l) In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (c), the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d,
except that the requirement for face-to-face observation of the child and face-to-face interview
of the alleged offender is to occur in the initial stages of the assessment or investigation
provided that the commissioner may also base the assessment or investigation on investigative
reports and data received from the school facility and local law enforcement, to the extent
those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Minnesota Statutes 2017 Supplement, section 626.556, subdivision 10e, is amended
to read:
Subd. 10e.
Determinations.
(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt of
the report.
(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.
(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.
(d) If the commissioner of education conducts an assessment or investigation, the
commissioner shall determine whether maltreatment occurred and what corrective or
protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school board,
and any appropriate licensing entity the determination that maltreatment occurred and what
corrective or protective action was taken by the school facility. In all other cases, the
commissioner shall inform the school board or employernew text begin and any appropriate licensing
entitynew text end that a report was received, the subject of the report, the date of the initial report, the
category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was
not determined, and a summary of the specific reasons for the determination.
(e) When maltreatment is determined in an investigation involving a facility, the
investigating agency shall also determine whether the facility or individual was responsible,
or whether both the facility and the individual were responsible for the maltreatment using
the mitigating factors in paragraph (i). Determinations under this subdivision must be made
based on a preponderance of the evidence and are private data on individuals or nonpublic
data as maintained by the commissioner of education.
(f) For the purposes of this subdivision, "maltreatment" means any of the following acts
or omissions:
(1) physical abuse as defined in subdivision 2, paragraph (k);
(2) neglect as defined in subdivision 2, paragraph (g);
(3) sexual abuse as defined in subdivision 2, paragraph (n);
(4) mental injury as defined in subdivision 2, paragraph (f); or
(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c).
(g) For the purposes of this subdivision, a determination that child protective services
are needed means that the local welfare agency has documented conditions during the
assessment or investigation sufficient to cause a child protection worker, as defined in
section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment
if protective intervention is not provided and that the individuals responsible for the child's
care have not taken or are not likely to take actions to protect the child from maltreatment
or risk of maltreatment.
(h) This subdivision does not mean that maltreatment has occurred solely because the
child's parent, guardian, or other person responsible for the child's care in good faith selects
and depends upon spiritual means or prayer for treatment or care of disease or remedial care
of the child, in lieu of medical care. However, if lack of medical care may result in serious
danger to the child's health, the local welfare agency may ensure that necessary medical
services are provided to the child.
(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:
(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;
(2) comparative responsibility between the facility, other caregivers, and requirements
placed upon an employee, including the facility's compliance with related regulatory standards
and the adequacy of facility policies and procedures, facility training, an individual's
participation in the training, the caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and
(3) whether the facility or individual followed professional standards in exercising
professional judgment.
The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies
and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
Rules.
(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license or certification holder, both the
individual and the facility must be determined responsible for the maltreatment, and both
the background study disqualification standards under section 245C.15, subdivision 4, and
the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07
apply.
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.
Minnesota Statutes 2016, section 631.40, subdivision 1a, is amended to read:
Subd. 1a.
Certified copy of disqualifying offense convictions sent to public safety
and school districts.
When a person is convicted of committing a disqualifying offense,
as defined in section 171.3215, subdivision 1, a gross misdemeanor, a fourth moving violation
within the previous three years, or a violation of section 169A.20, or a similar statute or
ordinance from another state, new text begin or if the person received a stay of adjudication for an offense
that, if convicted of, would require predatory offender registration under section 243.166,new text end
the court shall determine whether the offender is a school bus driver as defined in section
171.3215, subdivision 1, whether the offender possesses a school bus driver's endorsement
on the offender's driver's license and in what school districts the offender drives a school
bus. If the offender is a school bus driver or possesses a school bus driver's endorsement,
the court administrator shall send a certified copy of the conviction new text begin or stay of adjudication
new text end to the Department of Public Safety and to the school districts in which the offender drives
a school bus within ten days after the convictionnew text begin or stay of adjudicationnew 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. 28. new text begin SURVEY OF TEACHER PREPARATION PROGRAMS.
new text end
new text begin
The Professional Educator Licensing and Standards Board must survey board-approved
teacher preparation programs for teachers of elementary education, early childhood education,
special education, and reading intervention to determine the extent of dyslexia instruction
offered by the programs. The board may consult with the dyslexia specialist at the Department
of Education when developing the survey and reviewing the teacher preparation program
responses. The board must report its findings to the chairs and ranking minority members
of the legislative committees having jurisdiction over kindergarten through grade 12
education policy and finance by January 2, 2019. The report must include information on
teacher preparation program instruction on screening for characteristics of dyslexia,
evidence-based instructional strategies for students showing characteristics of dyslexia, and
best practices for assisting students showing characteristics of dyslexia and their families.
The report must be submitted in accordance with Minnesota Statutes, section 3.195.
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. 29. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2017 Supplement, section 122A.09, subdivision 1,
new text end
new text begin
and
new text end
new text begin
Minnesota
Rules, part 8710.2100, subparts 1 and 2,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 5
SPECIAL EDUCATION
Section 1.
Minnesota Statutes 2016, section 125A.76, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section and section 125A.79,
the definitions in this subdivision apply.
(b) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2. For the
purposes of computing basic revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Essential personnel" means teachers, cultural liaisons, related services, and support
services staff providing services to students. Essential personnel may also include special
education paraprofessionals or clericals providing support to teachers and students by
preparing paperwork and making arrangements related to special education compliance
requirements, including parent meetings and individualized education programs. Essential
personnel does not include administrators and supervisors.
(d) "Average daily membership" has the meaning given it in section 126C.05.
(e) "Program growth factor" means deleted text begin 1.046 for fiscal years 2012 through 2015, 1.0 for
fiscal year 2016, 1.046 for fiscal year 2017, anddeleted text end the product of 1.046 and the program growth
factor for the previous year for fiscal year 2018 and later.
(f) "Nonfederal special education expenditure" means all direct expenditures that are
necessary and essential to meet the district's obligation to provide special instruction and
services to children with a disability according to sections 124D.454, 125A.03 to 125A.24,
125A.259 to 125A.48, and 125A.65 as submitted by the district and approved by the
department under section 125A.75, subdivision 4, excluding expenditures:
(1) reimbursed with federal funds;
(2) reimbursed with other state aids under this chapter;
(3) for general education costs of serving students with a disability;
(4) for facilities;
(5) for pupil transportation; and
(6) for postemployment benefits.
(g) "Old formula special education expenditures" means expenditures eligible for revenue
under Minnesota Statutes 2012, section 125A.76, subdivision 2.
(h) For the Minnesota State Academy for the Deaf and the Minnesota State Academy
for the Blind, expenditures under paragraphs (f) and (g) are limited to the salary and fringe
benefits of one-to-one instructional and behavior management aides and one-to-one licensed,
certified professionals assigned to a child attending the academy, if the aides or professionals
are required by the child's individualized education program.
deleted text begin
(i) "Cross subsidy reduction aid percentage" means 1.0 percent for fiscal year 2014 and
2.27 percent for fiscal year 2015.
deleted text end
deleted text begin
(j) "Cross subsidy reduction aid limit" means $20 for fiscal year 2014 and $48 for fiscal
year 2015.
deleted text end
deleted text begin (k)deleted text end new text begin (i)new text end "Special education aid increase limit" means deleted text begin $80 for fiscal year 2016,deleted text end $100 for
fiscal year 2017, and, for fiscal year 2018 and later, the sum of the special education aid
increase limit for the previous fiscal year and $40.
deleted text begin (l)deleted text end new text begin (j)new text end "District" means a school district, a charter school, or a cooperative unit as defined
in section 123A.24, subdivision 2. Notwithstanding section 123A.26, cooperative units as
defined in section 123A.24, subdivision 2, are eligible to receive special education aid under
this section and section 125A.79.
new text begin
(k) "Initial special education cross subsidy" means the greater of zero or:
new text end
new text begin
(1) the nonfederal special education expenditure under paragraph (f); plus
new text end
new text begin
(2) the cost of providing transportation services for pupils with disabilities under section
123B.92, subdivision 1, paragraph (b), clause (4); minus
new text end
new text begin
(3) the special education aid under subdivision 2c and sections 125A.11, subdivision 1,
and 127A.47, subdivision 7; minus
new text end
new text begin
(4) the amount of general education revenue, excluding local optional revenue, plus
local optional aid and referendum equalization aid attributable to pupils receiving special
instruction and services outside the regular classroom for more than 60 percent of the school
day for the portion of time the pupils receive special instruction and services outside the
regular classroom, excluding portions attributable to district and school administration,
district support services, operations and maintenance, capital expenditures, and pupil
transportation.
new text end
new text begin
(l) "Special education equity metro region" means the districts with their administrative
offices located in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County
on January 1, 2012, and districts in other counties with 7,500 or more pupils in adjusted
average daily membership.
new text end
new text begin
(m) "Special education equity rural region" means the districts with their administrative
offices located outside Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington
County on January 1, 2012, and districts in other counties with less than 7,500 pupils in
adjusted average daily membership.
new text end
Sec. 2.
new text begin
[125A.81] SPECIAL EDUCATION EQUITY AID.
new text end
new text begin Subdivision 1. new text end
new text begin Special education equity aid. new text end
new text begin
For fiscal year 2022 and later, a school
district's special education equity aid equals the greater of zero or, for the second preceding
year, the lesser of (1) 30 percent of the difference between the school district's initial special
education cross subsidy per pupil in adjusted average daily membership and the regional
average initial special education cross subsidy per pupil in adjusted average daily
membership, or (2) $120 times the district's adjusted average daily membership.
new text end
new text begin Subd. 2. new text end
new text begin Special education equity region. new text end
new text begin
The department must assign school districts
to special education equity regions under section 125A.76, subdivision 1, paragraphs (l)
and (m).
new text end
new text begin Subd. 3. new text end
new text begin Regional equity cross subsidy. new text end
new text begin
For each region established in subdivision 2,
the department must calculate the regional average initial special education cross subsidy
under section 125A.76, subdivision 1, paragraph (k), per pupil in adjusted average daily
membership for the second preceding year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2022 and later.
new text end
Sec. 3.
Laws 2017, First Special Session chapter 5, article 4, section 11, is amended to
read:
Sec. 11. SPECIAL EDUCATION ADJUSTMENT; MONTICELLO SCHOOL
DISTRICT.
new text begin (a) new text end Notwithstanding Minnesota Statutes, sections 125A.76 and 127A.45, special education
aid payments to Independent School District No. 882, Monticello, must be increased by
$800,000 in fiscal year 2018 to mitigate cash flow problems created by an unforeseeable
reduction in the district's special education aid for fiscal year 2016 as a result of the combined
effects of converting from a host district cooperative to a joint powers cooperative and
implementation of a new special education aid formula in the same fiscal year.
new text begin (b) new text end Special education aid payments to Independent School District No. 882, Monticello,
must new text begin not new text end be reduced deleted text begin by the same amountdeleted text end in fiscal year 2019 to offset the fiscal year 2018
increase.
new text begin
(c) In addition to paragraphs (a) and (b), special education aid payments to Independent
School District No. 882, Monticello, must be increased by an additional $800,000 for fiscal
year 2019.
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 2017, First Special Session chapter 5, article 4, section 12, subdivision 2, as
amended by Laws 2017, First Special Session chapter 7, section 12, is amended to read:
Subd. 2.
Special education; regular.
For special education aid under Minnesota Statutes,
section 125A.75:
| $ |
deleted text begin
1,341,161,000 deleted text end new text begin 1,366,903,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
1,426,827,000 deleted text end new text begin 1,469,521,000 new text end |
..... |
2019 |
The 2018 appropriation includes $156,403,000 for 2017 and deleted text begin $1,184,758,000deleted text end new text begin
$1,210,500,000new text end for 2018.
The 2019 appropriation includes deleted text begin $166,667,000deleted text end new text begin $170,291,000new text end for 2018 and
deleted text begin $1,260,160,000deleted text end new text begin $1,299,230,000new text end for 2019.
Sec. 5. new text begin SPECIAL EDUCATION WORKING GROUP.
new text end
new text begin Subdivision 1. new text end
new text begin Duties. new text end
new text begin
(a) A working group on special education is created to review
special education delivery and costs in Minnesota and submit a written report to the
legislature recommending changes to contain costs. The report must:
new text end
new text begin
(1) review how school districts, charter schools, intermediate school districts, special
education cooperatives, education districts, and service cooperatives deliver special education
services, and the costs and benefits associated with each model;
new text end
new text begin
(2) compare relevant state and federal special education laws and regulations by reviewing
the 2013 evaluation report by the Office of the Legislative Auditor on special education
and other publicly available reports;
new text end
new text begin
(3) analyze trends in special education enrollment and the reasons for the increased
proportion of Minnesota students receiving special education, including identifying disparities
in student identification;
new text end
new text begin
(4) identify strategies or programs that would be effective in reducing the need for special
education services or could provide less-intensive special education services, when
appropriate;
new text end
new text begin
(5) analyze funding for children receiving special education services in a nonresident
district or charter school in accordance with Minnesota Statutes, sections 124E.21, 125A.11,
and 127A.47;
new text end
new text begin
(6) analyze the effect of the 2013 statutory changes to the state special education funding
formula, including interactions and conformity with federal funding formulas;
new text end
new text begin
(7) describe how school districts and charter schools use section 504 plans, including
criteria used to determine when a section 504 plan is appropriate and the prevalence of
section 504 plans in school districts and charter schools; and
new text end
new text begin
(8) review the 2013 evaluation report by the Office of the Legislative Auditor on special
education and whether any recommendations have been enacted or implemented.
new text end
new text begin
(b) In making its recommendations, the special education working group must develop
a ten-year strategic plan informed by the findings in paragraph (a) to help reduce the costs
contributing to the special education cross-subsidy and overall special education funding.
new text end
new text begin Subd. 2. new text end
new text begin Members. new text end
new text begin
(a) By June 1, 2018, the executive director of the following
organizations may appoint one representative of that organization to serve as a member of
the working group:
new text end
new text begin
(1) the National Alliance on Mental Illness Minnesota;
new text end
new text begin
(2) the Parent Advocacy Coalition for Educational Rights;
new text end
new text begin
(3) the Minnesota School Boards Association;
new text end
new text begin
(4) the Minnesota Administrators for Special Education;
new text end
new text begin
(5) the Minnesota Association of Charter Schools;
new text end
new text begin
(6) Education Minnesota;
new text end
new text begin
(7) the Minnesota Rural Education Association;
new text end
new text begin
(8) the Association of Metropolitan School Districts;
new text end
new text begin
(9) The Arc Minnesota;
new text end
new text begin
(10) the Autism Society of Minnesota;
new text end
new text begin
(11) the Minnesota Disability Law Center;
new text end
new text begin
(12) the Minnesota Alliance with Youth;
new text end
new text begin
(13) the Minnesota Education Equity Partnership;
new text end
new text begin
(14) Service Employees International Union Local 284;
new text end
new text begin
(15) the Minnesota Association of School Administrators;
new text end
new text begin
(16) the Minnesota Association of School Business Officials;
new text end
new text begin
(17) the Minnesota Association of Alternative Programs;
new text end
new text begin
(18) Schools for Equity in Education;
new text end
new text begin
(19) Decoding Dyslexia Minnesota; and
new text end
new text begin
(20) the Minnesota Elementary School Principals' Association.
new text end
new text begin
(b) The commissioner of education must solicit applications for membership in the
working group, and based on the applications received, designate by June 25, 2018, the
following individuals to serve as members of the working group:
new text end
new text begin
(1) a representative from an intermediate school district;
new text end
new text begin
(2) a representative from a special education cooperative, education district, or service
cooperative;
new text end
new text begin
(3) a representative from the Governor's Council on Developmental Disabilities;
new text end
new text begin
(4) a representative from the Commission of Deaf, DeafBlind and Hard of Hearing
Minnesotans;
new text end
new text begin
(5) a representative from a school district in a city of the first class;
new text end
new text begin
(6) two students receiving special education services and a parent of a student receiving
special education services; and
new text end
new text begin
(7) one representative of a nonprofit organization specializing in early childhood
education issues.
new text end
new text begin Subd. 3. new text end
new text begin Meetings. new text end
new text begin
The commissioner of education, or the commissioner's designee,
must convene the first meeting of the working group no later than July 15, 2018. The working
group must select a chair or cochairs from among its members at the first meeting. The
working group must meet periodically. Meetings of the working group must be open to the
public.
new text end
new text begin Subd. 4. new text end
new text begin Compensation. new text end
new text begin
Working group members are not eligible to receive expenses
or per diem payments for serving on the working group.
new text end
new text begin Subd. 5. new text end
new text begin Administrative support. new text end
new text begin
The commissioner of education must provide technical
and administrative assistance to the working group upon request.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
(a) By January 15, 2019, the working group must submit a report
providing its findings and recommendations to the chairs and ranking minority members
of the legislative committees with jurisdiction over kindergarten through grade 12 education.
new text end
new text begin
(b) The legislature convening in January 2019 is encouraged to convene a legislative
study group to review the recommendations and ten-year strategic plan to develop its own
recommendations for legislative changes, as necessary.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
The working group expires on January 16, 2019, unless extended
by law.
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 6
FACILITIES, TECHNOLOGY, AND LIBRARIES
Section 1.
Minnesota Statutes 2016, section 123B.52, subdivision 6, is amended to read:
Subd. 6.
Disposing of surplus school computers.
new text begin (a) new text end Notwithstanding section 471.345,
governing school district contracts made upon sealed bid or otherwise complying with the
requirements for competitive bidding, other provisions of this section governing school
district contracts, or other law to the contrary, a school district under this subdivision may
dispose ofnew text begin school computers, including a tablet device, according to this subdivision.
new text end
new text begin (b) A school district may dispose ofnew text end a surplus school computer and related equipment
if the district disposes of the surplus property by conveying the property and title to:
(1) another school district;
(2) the state Department of Corrections;
(3) the Board of Trustees of the Minnesota State Colleges and Universities; or
(4) the family of a student residing in the district whose total family income meets the
federal definition of poverty.
new text begin
(c) If surplus school computers are not disposed of under paragraph (b), upon adoption
of a written resolution of the school board, when updating or replacing school computers,
including tablet devices, used primarily by students, a school district may sell or give used
computers or tablets to qualifying students at the price specified in the written resolution.
A student is eligible to apply to the school board for a computer or tablet under this
subdivision if the student is currently enrolled in the school and intends to enroll in the
school in the year following the receipt of the computer or tablet. If more students apply
for computers or tablets than are available, the school must first qualify students whose
families are eligible for free or reduced-price meals, and then dispose of the remaining
computers or tablets by lottery.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 123B.595, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin
Allocation from districts participating in agreements for secondary
education or interdistrict cooperation.
new text end
new text begin
For purposes of this section, a district with revenue
authority under subdivision 1 for indoor air quality, fire alarm and suppression, and asbestos
abatement projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more per site and that participates in an agreement under section 123A.30 or 123A.32
may allocate the revenue authority among participating districts.
new text end
Sec. 3.
Minnesota Statutes 2016, section 124E.03, subdivision 5, is amended to read:
Subd. 5.
Records and data requirements.
(a) A charter school must comply with
chapter 13 governing government data; and sections 121A.75 governing access to juvenile
justice records, and 260B.171, subdivisions 3 and 5, governing juvenile justice records.
(b) A charter school must comply with section 120A.22, subdivision 7, governing the
transfer of students' educational records and sections 138.163 and 138.17 governing the
management of local records.
new text begin
(c) A charter school must comply with sections 125B.27 and 125B.28, governing
technology providers and educational data. A technology provider contracting with a charter
school must comply with sections 125B.27 and 125B.28.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2019-2020 school year and later.
new text end
Sec. 4.
new text begin
[125B.27] TECHNOLOGY PROVIDER REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Technology provider definition. new text end
new text begin
(a) "Technology provider" means a
person or entity who:
new text end
new text begin
(1) provides technological devices for student use or provides access to a software or
online application; and
new text end
new text begin
(2) creates, receives, or maintains educational data pursuant or incidental to a contract
with a school district.
new text end
new text begin
(b) A technology provider does not include a nonprofit organization that has the primary
purpose of expanding student access to postsecondary education and that obtains a student's
consent to utilize a student's personal information from education records for that purpose.
new text end
new text begin Subd. 2. new text end
new text begin Educational data. new text end
new text begin
(a) A technology provider is subject to the provisions of
section 13.05, subdivision 11. An assignee or delegee that creates, receives, or maintains
educational data is subject to the same restrictions and obligations under this section as the
technology provider.
new text end
new text begin
(b) Educational data created, received, or maintained by a technology provider pursuant
or incidental to a contract with a school district are not the technology provider's property.
new text end
new text begin
(c) If educational data maintained by the technology provider are subject to a breach of
the security of the data, as defined in section 13.055, the technology provider must, following
discovery of the breach, disclose to the school district all information necessary to fulfill
the requirements of section 13.055.
new text end
new text begin
(d) Unless renewal of the contract is reasonably anticipated, within 30 days of the
expiration of the contract, a technology provider must destroy or return to the appropriate
school district all educational data created, received, or maintained pursuant or incidental
to the contract.
new text end
new text begin Subd. 3. new text end
new text begin Procedures. new text end
new text begin
(a) A technology provider must establish written procedures to
ensure appropriate security safeguards are in place for educational data. A technology
provider's written procedures must require that:
new text end
new text begin
(1) only authorized employees or contractors can access the educational data; and
new text end
new text begin
(2) a person is authorized to access educational data only if access is necessary to fulfill
official duties.
new text end
new text begin
(b) A technology provider's written procedures establishing security safeguards for
educational data are public data, unless classified as not public under any other applicable
law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2019-2020 school year and later.
new text end
Sec. 5.
new text begin
[125B.28] SCHOOL DISTRICT REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Contract. new text end
new text begin
A school board must provide a person who requests a copy
of a contract with a technology provider a copy of that contract within two weeks of the
request.
new text end
new text begin Subd. 2. new text end
new text begin Training. new text end
new text begin
(a) To promote understanding of and compliance with this section
and applicable provisions of sections 121A.065 and 125B.27, and the Family Educational
Rights and Privacy Act, United States Code, title 20, section 1232g, and its regulations as
provided by Code of Federal Regulations, title 34, part 99, a school district must:
new text end
new text begin
(1) provide information on available trainings on compliance with applicable provisions
of law under this subdivision to all employees with access to educational data; and
new text end
new text begin
(2) provide all employees and independent contractors with access to educational data
written materials on compliance with applicable provisions of law under this subdivision.
new text end
new text begin
(b) A school district employee with access to educational data is encouraged to participate
in training opportunities provided by a school district under paragraph (a), including free
online training on the Family Educational Rights and Privacy Act.
new text end
new text begin
(c) The commissioner of education must provide a school district with information on
how employees and independent contractors with access to educational data may access
written materials on compliance with applicable provisions of law, in accordance with
paragraph (a), clause (2).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2019-2020 school year and later.
new text end
Sec. 6.
Minnesota Statutes 2016, section 134.355, subdivision 10, is amended to read:
Subd. 10.
Award of funds.
new text begin (a) new text end The commissioner of education deleted text begin shalldeleted text end new text begin mustnew text end develop an
application and a reporting form and procedures for regional library telecommunications
aid. Aid shall be based on actual costs including, but not limited to, connections, as
documented in e-rate funding commitment decision letters for category one services and
acceptable documentation for category two services and funds available for this purpose.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make payments directly to the regional public library system.
new text begin
(b) On March 15 of 2019, 2020, and 2021, the commissioner of education must reallocate
any unspent amounts appropriated for paragraph (a) to regional library systems for broadband
innovation programs, including equipment purchases, hot spot access devices, and other
programs designed to increase Internet access.
new text end
new text begin
(c) By January 15 of 2020, 2021, and 2022, the commissioner of education must report
to the legislative committees with jurisdiction over education on the previous fiscal year's
spending under this subdivision and make any recommendations for necessary program
changes.
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.
Minnesota Statutes 2016, section 205A.07, subdivision 2, is amended to read:
Subd. 2.
Sample ballot, posting.
new text begin (a) new text end For every school district primary, general, or special
election, the school district clerk shall at least four days before the primary, general, or
special election, post a sample ballot in the administrative offices of the school district for
public inspection, and shall post a sample ballot in each polling place on election day.
new text begin
(b) For a school district general or special election to issue bonds to finance a capital
project requiring review and comment under section 123B.71, the summary of the
commissioner's review and comment and supplemental information required under section
123B.71, subdivision 12, paragraph (a), shall be posted in the same manner as the sample
ballot under paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for elections held on or after August 1,
2018.
new text end
Sec. 8.
Minnesota Statutes 2016, section 475.58, subdivision 4, is amended to read:
Subd. 4.
Proper use of bond proceeds.
The proceeds of obligations issued after approval
of the electors under this section deleted text begin maydeleted text end new text begin mustnew text end only be spent: (1) for the purposes stated in the
ballot language; or (2) to pay, redeem, or defease obligations and interest, penalties,
premiums, and costs of issuance of the obligations. The proceeds deleted text begin maydeleted text end new text begin mustnew text end not be spent
for a different purpose or for an expansion of the original purpose without the approval by
a majority of the electors voting on the question of changing or expanding the purpose of
the obligations.
Sec. 9.
Minnesota Statutes 2017 Supplement, section 475.59, subdivision 1, is amended
to read:
Subdivision 1.
Generally; notice.
new text begin (a) new text end When the governing body of a municipality resolves
to issue bonds for any purpose requiring the approval of the electors, it shall provide for
submission of the proposition of their issuance at a general or special election or town or
school district meeting. Notice of such election or meeting shall be given in the manner
required by law and shall state the maximum amount and the purpose of the proposed issue.
new text begin (b)new text end In any school district, the school board or board of education may, according to its
judgment and discretion, submit as a single ballot question or as two or more separate
questions in the notice of election and ballots the proposition of their issuance for any one
or more of the following, stated conjunctively or in the alternative: acquisition or enlargement
of sites, acquisition, betterment, erection, furnishing, equipping of one or more new
schoolhouses, remodeling, repairing, improving, adding to, betterment, furnishing, equipping
of one or more existing schoolhouses.new text begin The ballot question or questions submitted by a school
board must state the name of the plan or plans being proposed by the district as submitted
to the commissioner of education for review and comment under section 123B.71.
new text end
new text begin (c)new text end In any city, town, or county, the governing body may, according to its judgment and
discretion, submit as a single ballot question or as two or more separate questions in the
notice of election and ballots the proposition of their issuance, stated conjunctively or in
the alternative, for the acquisition, construction, or improvement of any facilities at one or
more locations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for elections held on or after August 1,
2018.
new text end
Sec. 10.
Laws 2017, First Special Session chapter 5, article 7, section 2, subdivision 5, is
amended to read:
Subd. 5.
Regional library telecommunications aid.
new text begin (a) new text end For regional library
telecommunications aid under Minnesota Statutes, section 134.355:
| $ |
2,300,000 |
..... |
2018 |
|
| $ |
2,300,000 |
..... |
2019 |
new text begin (b) new text end The 2018 appropriation includes $230,000 for 2017 and $2,070,000 for 2018.
new text begin (c) new text end The 2019 appropriation includes $230,000 for 2018 and $2,070,000 for 2019.
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
ARTICLE 7
NUTRITION
Section 1.
Minnesota Statutes 2017 Supplement, section 123B.52, subdivision 7, is amended
to read:
Subd. 7.
Food service contracts.
A contract between a school board and a food service
management company that complies with Code of Federal Regulations, title 7, section
210.16,new text begin 225.15, paragraph (m), or 226.21new text end may be renewed annually after its initial term for
not more than four additional years.
Sec. 2.
Minnesota Statutes 2016, section 124D.111, is amended to read:
124D.111 new text begin RESPECTFUL SCHOOL MEALS POLICY; new text end LUNCH AID; FOOD
SERVICE ACCOUNTING.
Subdivision 1.
School lunch aid computation.
Each school year, the state must pay
participants in the national school lunch program the amount of 12.5 cents for each full paid
and free student lunch and 52.5 cents for each reduced-price lunch served to students.
Subd. 2.
Application.
A school district, charter school, nonpublic school, or other
participant in the national school lunch program shall apply to the department for this
payment on forms provided by the department.
Subd. 2a.
Federal child and adult care food program; criteria and notice.
The
commissioner must post on the department's Web site eligibility criteria and application
information for nonprofit organizations interested in applying to the commissioner for
approval as a multisite sponsoring organization under the federal child and adult care food
program. The posted criteria and information must inform interested nonprofit organizations
about:
(1) the criteria the commissioner uses to approve or disapprove an application, including
how an applicant demonstrates financial viability for the Minnesota program, among other
criteria;
(2) the commissioner's process and time line for notifying an applicant when its
application is approved or disapproved and, if the application is disapproved, the explanation
the commissioner provides to the applicant; and
(3) any appeal or other recourse available to a disapproved applicant.
Subd. 3.
School food service fund.
(a) The expenses described in this subdivision must
be recorded as provided in this subdivision.
(b) In each district, the expenses for a school food service program for pupils must be
attributed to a school food service fund. Under a food service program, the school food
service may prepare or serve milk, meals, or snacks in connection with school or community
service activities.
(c) Revenues and expenditures for food service activities must be recorded in the food
service fund. The costs of processing applications, accounting for meals, preparing and
serving food, providing kitchen custodial services, and other expenses involving the preparing
of meals or the kitchen section of the lunchroom may be charged to the food service fund
or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial
services, lunchroom utilities, and other administrative costs of the food service program
must be charged to the general fund.
That portion of superintendent and fiscal manager costs that can be documented as
attributable to the food service program may be charged to the food service fund provided
that the school district does not employ or contract with a food service director or other
individual who manages the food service program, or food service management company.
If the cost of the superintendent or fiscal manager is charged to the food service fund, the
charge must be at a wage rate not to exceed the statewide average for food service directors
as determined by the department.
(d) Capital expenditures for the purchase of food service equipment must be made from
the general fund and not the food service fund, unless the restricted balance in the food
service fund at the end of the last fiscal year is greater than the cost of the equipment to be
purchased.
(e) If the condition set out in paragraph (d) applies, the equipment may be purchased
from the food service fund.
(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit
is not eliminated by revenues from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the general fund at the end of
that second fiscal year. However, if a district contracts with a food service management
company during the period in which the deficit has accrued, the deficit must be eliminated
by a payment from the food service management company.new text begin A district's meal charge policy
may allow a district to collect unpaid meal debt that contributes to a food service fund
deficit. Such collection efforts must be consistent with subdivisions 4 and 5.
new text end
(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund
for up to three years without making the permanent transfer if the district submits to the
commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at
the end of the third fiscal year.
(h) If a surplus in the food service fund exists at the end of a fiscal year for three
successive years, a district may recode for that fiscal year the costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other administrative costs of the food
service program charged to the general fund according to paragraph (c) and charge those
costs to the food service fund in a total amount not to exceed the amount of surplus in the
food service fund.
Subd. 4.
No fees.
A participant that receives school lunch aid under this section must
make lunch available without charge new text begin and must not deny a school lunch new text end to all participating
students who qualify for free or reduced-price mealsnew text begin , whether or not that student has an
outstanding balance in the student's meals account attributable to a la carte purchases or for
any other reasonnew text end .
new text begin Subd. 5. new text end
new text begin Respectful treatment. new text end
new text begin (a) new text end The participant must also new text begin provide meals to
participating students in a respectful manner and new text end ensure that any reminders for payment of
outstanding student meal balances do not demean or stigmatize any child participating in
the school lunch programnew text begin and conform to the participant's school meals policynew text end .
new text begin
(b) Once a participant has placed a meal on a tray or otherwise served the meal to a
student, the meal must not be subsequently withdrawn from the student by the cashier or
other school official whether or not the student has an outstanding meals balance.
new text end
new text begin
(c) Notwithstanding section 123B.38, the participant must not limit a student's
participation in any school activities, graduation ceremonies, field trips, athletics, activity
clubs, or other extracurricular activities or access to materials, technology, or other items
provided to other students because of unpaid meal balances. The participant must not impose
any other restriction prohibited under section 123B.37 due to unpaid student meal balances.
new text end
new text begin
(d) The participant must not discipline a student due to an unpaid student meal balance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
ARTICLE 8
EARLY CHILDHOOD AND FAMILY SUPPORT
Section 1.
Minnesota Statutes 2016, section 124D.151, subdivision 2, is amended to read:
Subd. 2.
Program requirements.
(a) A voluntary prekindergarten program provider
must:
(1) provide instruction through play-based learning to foster children's social and
emotional development, cognitive development, physical and motor development, and
language and literacy skills, including the native language and literacy skills of English
learners, to the extent practicable;
(2) measure each child's cognitive and social skills using a formative measure aligned
to the state's early learning standards when the child enters and again before the child leaves
the program, screening and progress monitoring measures, and deleted text begin othersdeleted text end new text begin other age-appropriate
versionsnew text end from the state-approved menu of kindergarten entry profile measures;
(3) provide comprehensive program content including the implementation of curriculum,
assessment, and instructional strategies aligned with the state early learning standards, and
kindergarten through grade 3 academic standards;
(4) provide instructional content and activities that are of sufficient length and intensity
to address learning needs including offering a program with at least 350 hours of instruction
per school year for a prekindergarten student;
(5) provide voluntary prekindergarten instructional staff salaries comparable to the
salaries of local kindergarten through grade 12 instructional staff;
(6) coordinate appropriate kindergarten transition with families, community-based
prekindergarten programs, and school district kindergarten programs;
(7) involve parents in program planning and transition planning by implementing parent
engagement strategies that include culturally and linguistically responsive activities in
prekindergarten through third grade that are aligned with early childhood family education
under section 124D.13;
(8) coordinate with relevant community-based services, including health and social
service agencies, to ensure children have access to comprehensive services;
(9) coordinate with all relevant school district programs and services including early
childhood special education, homeless students, and English learners;
(10) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children;
(11) provide high-quality coordinated professional development, training, and coaching
for both school district and community-based early learning providers that is informed by
a measure of adult-child interactions and enables teachers to be highly knowledgeable in
early childhood curriculum content, assessment, native and English language development
programs, and instruction; and
(12) implement strategies that support the alignment of professional development,
instruction, assessments, and prekindergarten through grade 3 curricula.
(b) A voluntary prekindergarten program must have teachers knowledgeable in early
childhood curriculum content, assessment, native and English language programs, and
instruction.
(c) Districts and charter schools must include their strategy for implementing and
measuring the impact of their voluntary prekindergarten program under section 120B.11
and provide results in their world's best workforce annual summary to the commissioner of
education.
Sec. 2.
Minnesota Statutes 2017 Supplement, section 124D.151, subdivision 5, is amended
to read:
Subd. 5.
Application process; priority for high poverty schools.
(a) deleted text begin To qualify for
program approval for fiscal year 2017, a district or charter school must submit an application
to the commissioner by July 1, 2016.deleted text end To qualify for program approval for fiscal year 2018
and later, a district or charter school must submit an application to the commissioner by
January 30 of the fiscal year prior to the fiscal year in which the program will be
implemented. The application must include:
(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;
(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and
(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.
(b) The commissioner must review all applications deleted text begin submitted for fiscal year 2017 by
August 1, 2016, and must review all applicationsdeleted text end submitted for fiscal year 2018 and later
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).
(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into deleted text begin fourdeleted text end new text begin fivenew text end groups as follows: the Minneapolis deleted text begin anddeleted text end new text begin school
district; thenew text end St. Paul school deleted text begin districtsdeleted text end new text begin districtnew text end ; other school districts located in the metropolitan
equity region as defined in section 126C.10, subdivision 28; school districts located in the
rural equity region as defined in section 126C.10, subdivision 28; and charter schools.
Within each group, the applications must be ordered by rank using a sliding scale based on
the following criteria:
(1) concentration of kindergarten students eligible for free or reduced-price lunches by
school site on October 1 of the previous school year. A school site may contract to partner
with a community-based provider or Head Start under subdivision 3 or establish an early
childhood center and use the concentration of kindergarten students eligible for free or
reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
lunch concentration data for kindergarten programs for October 1 of the previous school
year, including mixed-delivery programs, the school district average concentration of
kindergarten students eligible for free or reduced-price lunches must be used for the rank
ordering;
(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price lunches that do not have a three-
or four-star Parent Aware program within the district or close proximity of the district shall
receive the highest priority, and school sites with the lowest concentration of kindergarten
students eligible for free or reduced-price lunches that have a three- or four-star Parent
Aware rated program within the district or close proximity of the district shall receive the
lowest priority; and
(3) whether the district has implemented a mixed delivery system.
(d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the deleted text begin fourdeleted text end new text begin fivenew text end groups based on each group's percentage share of the
statewide kindergarten enrollment on October 1 of the previous school year. Within each
group, the participation limit for fiscal years 2018 and 2019 must first be allocated to school
sites approved for aid in the previous year to ensure that those sites are funded for the same
number of participants as approved for the previous year. The remainder of the participation
limit for each group must be allocated among school sites in priority order until that region's
share of the participation limit is reached. If the participation limit is not reached for all
groups, the remaining amount must be allocated to the highest priority school sites, as
designated under this section, not funded in the initial allocation on a statewide basis. For
fiscal year 2020 and later, the participation limit must first be allocated to school sites
approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year
2018 based on the statewide rankings under paragraph (c).
(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid
under this subdivision, it shall remain eligible for aid if it continues to meet program
requirements, regardless of changes in the concentration of students eligible for free or
reduced-price lunches.
(f) If the total number of participants approved based on applications submitted under
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
notify all school districts and charter schools of the amount that remains available within
30 days of the initial application deadline under paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.
(g) Procedures for approving applications submitted under paragraph (f) shall be the
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
highest priority school sites not funded in the initial allocation on a statewide basis.
Sec. 3.
Minnesota Statutes 2016, section 124D.162, is amended to read:
124D.162 KINDERGARTEN READINESS ASSESSMENT.
new text begin Subdivision 1. new text end
new text begin Purpose of assessment. new text end
new text begin
The purpose of kindergarten readiness assessment
is to determine whether children are prepared to enter school, to understand the connection
between kindergarten readiness and later academic achievement, and to produce data that
can inform the effectiveness of early childhood programs.
new text end
new text begin Subd. 2. new text end
new text begin Commissioner duties. new text end
The commissioner of education deleted text begin maydeleted text end new text begin mustnew text end implement
a kindergarten readiness assessment representative of incoming kindergartners. The
assessment must be based on the Department of Education Kindergarten Readiness
Assessment at kindergarten entrance study.new text begin The commissioner of education must provide
districts with a process for measuring, on a comparable basis, the kindergarten readiness of
incoming kindergartners. Districts that use the commissioner-provided process must annually
report kindergarten readiness results under this section to the department in the form and
manner determined by the commissioner. The commissioner must publicly report
kindergarten readiness results as part of the performance reports required under section
120B.36 and consistent with section 120B.35, subdivision 3, paragraph (a), clause (2).
new text end
Sec. 4.
Minnesota Statutes 2017 Supplement, section 124D.165, subdivision 2, is amended
to read:
Subd. 2.
Family eligibility.
(a) For a family to receive an early learning scholarship,
parents or guardians must meet the following eligibility requirements:
(1) have an eligible child; and
(2) have income equal to or less than 185 percent of federal poverty level income in the
current calendar year, or be able to document their child's current participation in the free
and reduced-price lunch program or Child and Adult Care Food Program, National School
Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food Distribution
Program on Indian Reservations, Food and Nutrition Act, United States Code, title 7, sections
2011-2036; Head Start under the federal Improving Head Start for School Readiness Act
of 2007; Minnesota family investment program under chapter 256J; child care assistance
programs under chapter 119B; the supplemental nutrition assistance program; or placement
in foster care under section 260C.212.new text begin Parents or guardians are not required to provide
income verification under this clause if the child is an eligible child under paragraph (b),
clause (4) or (5).
new text end
(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is:
(1) at least three but not yet five years of age on September 1 of the current school year;
(2) a sibling from birth to age five of a child who has been awarded a scholarship under
this section provided the sibling attends the same program as long as funds are available;
(3) the child of a parent under age 21 who is pursuing a high school degree or a course
of study for a high school equivalency test; deleted text begin or
deleted text end
deleted text begin
(4) homeless, in foster care, or in need of child protective services.
deleted text end
new text begin
(4) designated as a child in need of protection or services as defined under section
260C.007; or
new text end
new text begin
(5) designated as homeless under the federal McKinney-Vento Homeless Assistance
Act, United States Code, title 42, section 11434a.
new text end
(c) A child who has received a scholarship under this section must continue to receive
a scholarship each year until that child is eligible for kindergarten under section 120A.20
and as long as funds are available.
(d) Early learning scholarships may not be counted as earned income for the purposes
of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota
family investment program under chapter 256J, child care assistance programs under chapter
119B, or Head Start under the federal Improving Head Start for School Readiness Act of
2007.
(e) A child from an adjoining state whose family resides at a Minnesota address as
assigned by the United States Postal Service, who has received developmental screening
under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
and whose family meets the criteria of paragraph (a) is eligible for an early learning
scholarship under this section.
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 2017 Supplement, section 124D.165, subdivision 3, is amended
to read:
Subd. 3.
Administration.
(a) The commissioner shall establish application timelines
and determine the schedule for awarding scholarships that meets operational needs of eligible
families and programs. The commissioner must give highest priority to applications from
children who:
(1) have a parent under age 21 who is pursuing a high school diploma or a course of
study for a high school equivalency test;
(2) are in foster care or otherwise in need of protection or services; or
(3) have experienced homelessness in the last 24 months, as defined under the federal
McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434a.
The commissioner may prioritize applications on additional factors including family
income, geographic location, and whether the child's family is on a waiting list for a publicly
funded program providing early education or child care services.
(b) The commissioner shall establish a target for the average scholarship amount per
child based on the results of the rate survey conducted under section 119B.02.
(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 ten months of the
awarding of the scholarship, the scholarship cancels and the recipient must reapply in order
to be eligible for another scholarship. A child may not be awarded more than one scholarship
in a 12-month period.
(e) A child new text begin over the age of three new text end who receives a scholarship deleted text begin whodeleted text end new text begin andnew text end 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.new text begin A child who receives a scholarship
before the age of three must complete the developmental screening no later than 90 days
after the child's third birthday.
new text end
(f) For fiscal year 2017 and later, 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 EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2017 Supplement, section 124D.165, subdivision 4, is amended
to read:
Subd. 4.
Early childhood program eligibility.
(a) In order to be eligible to accept an
early learning scholarship, a program must:
(1) participate in the quality rating and improvement system under section 124D.142;
and
(2) beginning July 1, 2020, have a three- or four-star rating in the quality rating and
improvement system.
(b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.
deleted text begin
(c) Notwithstanding paragraph (a), all Minnesota early learning foundation scholarship
program pilot sites are eligible to accept an early learning scholarship under this section.
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 2016, section 245C.02, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin National criminal history record check. new text end
new text begin
(a) "National criminal history record
check" means a check of records maintained by the Federal Bureau of Investigation through
submission of fingerprints through the Minnesota Bureau of Criminal Apprehension to the
Federal Bureau of Investigation when specifically required by law.
new text end
new text begin
(b) For purposes of this chapter, "national crime information database," "national criminal
records repository," "criminal history with the Federal Bureau of Investigation," and "national
criminal record check" mean a national criminal history record check defined in paragraph
(a).
new text end
Sec. 8.
Minnesota Statutes 2016, section 245C.12, is amended to read:
245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.
(a) For the purposes of background studies completed by tribal organizations performing
licensing activities otherwise required of the commissioner under this chapter, after obtaining
consent from the background study subject, tribal licensing agencies shall have access to
criminal history data in the same manner as county licensing agencies and private licensing
agencies under this chapter.
(b) Tribal organizations may contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to adoptions according to section 245C.34.
Tribal organizations may also contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to child foster care according to section
245C.34.
(c) For the purposes of background studies completed to comply with a tribal
organization's licensing requirements for individuals affiliated with a tribally licensed nursing
facility, the commissioner shall obtain criminal history data from the National Criminal
Records Repository in accordance with section 245C.32.
new text begin
(d) Tribal organizations may contract with the commissioner to conduct background
studies or obtain background study data on individuals affiliated with a child care program
sponsored, managed, or licensed by a tribal organization. Studies conducted under this
paragraph require the commissioner to conduct a national criminal history record check as
defined in section 245C.02, subdivision 5a. Any tribally affiliated child care program that
does not contract with the commissioner to conduct background studies is exempt from the
relevant requirements in this chapter. A study conducted under this paragraph must include
all components of studies for certified license-exempt child care centers under this chapter
to be transferable to other child care entities.
new text end
Sec. 9.
new text begin
[245C.121] BACKGROUND STUDY; HEAD START PROGRAMS.
new text end
new text begin
Head Start programs that receive funding disbursed under section 119A.52 may contract
with the commissioner to conduct background studies and obtain background study data
on individuals affiliated with a Head Start program. Studies conducted under this paragraph
require the commissioner to conduct a national criminal history record check as defined in
section 245C.02, subdivision 5a. Any Head Start program site that does not contract with
the commissioner, is not licensed, and is not registered to receive funding under chapter
119B is exempt from the relevant requirements in this chapter. Nothing in this paragraph
supersedes requirements for background studies in this chapter, chapter 119B, or child care
centers under chapter 245H that are related to licensed child care programs or programs
registered to receive funding under chapter 119B. A study conducted under this paragraph
must include all components of studies for certified license-exempt child care centers under
this chapter to be transferable to other child care entities.
new text end
Sec. 10.
Laws 2017, First Special Session chapter 5, article 8, section 9, subdivision 2, is
amended to read:
Subd. 2.
Program requirements.
A school readiness plus program provider must:
(1) assess each child's cognitive and language skills with deleted text begin adeleted text end new text begin an age-appropriatenew text end
comprehensive child assessment instrument when the child enters and again before the child
leaves the program to improve program planning and implementation, communicate with
parents, and promote kindergarten readiness;
(2) provide comprehensive program content and intentional instructional practice aligned
with the state early childhood learning guidelines and kindergarten standards and based on
early childhood research and professional practice that is focused on children's cognitive,
social, emotional, and physical skills and development and prepares children for the transition
to kindergarten, including early literacy and language skills;
(3) coordinate appropriate kindergarten transition with parents and kindergarten teachers;
(4) involve parents in program planning and decision making;
(5) coordinate with relevant community-based services;
(6) cooperate with adult basic education programs and other adult literacy programs;
(7) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children
with at least one deleted text begin licenseddeleted text end teacher;
(8) have teachers knowledgeable in early childhood curriculum content, assessment,
native and English language development programs, and instruction; and
(9) provide instructional content and activities that are of sufficient length and intensity
to address learning needs including offering a program with at least 350 hours of instruction
per school year.
new text begin
A teacher in a school readiness plus program must meet the criteria of a school readiness
teacher under section 124D.15 or the criteria for a voluntary prekindergarten teacher under
section 124D.151.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2017.
new text end
ARTICLE 9
COMMUNITY EDUCATION, PREVENTION, SELF-SUFFICIENCY, AND
LIFELONG LEARNING
Section 1.
Minnesota Statutes 2017 Supplement, section 124D.549, is amended to read:
124D.549 COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY
deleted text begin TESTdeleted text end new text begin TESTSnew text end .
The commissioner, in consultation with adult basic education stakeholders, must select
deleted text begin adeleted text end new text begin at least onenew text end high school equivalency test. The commissioner may issue a high school
equivalency diploma to a Minnesota resident 19 years of age or older who has not earned
a high school diploma, who has not previously been issued a deleted text begin general education development
(GED) certificationdeleted text end new text begin high school equivalency diplomanew text end , and who has exceeded or achieved
a minimum passing score on deleted text begin thedeleted text end new text begin an approvednew text end equivalency test established by the publisher.
The commissioner of education may waive the minimum age requirement if supportive
evidence is provided by an employer or a recognized education or rehabilitation provider.
Sec. 2.
Minnesota Statutes 2017 Supplement, section 124D.99, subdivision 3, is amended
to read:
Subd. 3.
Administration; design.
(a) The commissioner shall establish program
requirements, an application process and timeline for each tier of grants specified in
subdivision 4, criteria for evaluation of applications, and a grant awards process. The
commissioner's process must minimize administrative costs, minimize burdens for applicants
and grant recipients, and provide a framework that permits flexibility in program design
and implementation among grant recipients.
(b) To the extent practicable, the commissioner shall design the program to align with
programs implemented or proposed by organizations in Minnesota that:
(1) identify and increase the capacity of organizations that are focused on achieving
data-driven, locally controlled positive outcomes for children and youth throughout an entire
neighborhood or geographic area through programs such as Strive Together, Promise
Neighborhood, and the Education Partnerships Coalition members;
(2) build a continuum of educational family and community supports with academically
rigorous schools at the center;
(3) maximize program efficiencies by integrating programmatic activities and eliminating
administrative barriers;
(4) develop local infrastructure needed to sustain and scale up proven and effective
solutions beyond the initial neighborhood or geographic area; deleted text begin and
deleted text end
(5) utilize appropriate outcome measures based on unique community needs and interests
and apply rigorous evaluation on a periodic basis to be used to both monitor outcomes and
allow for continuous improvements to systemsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) collect and utilize data to improve student outcomes;
new text end
new text begin
(7) share disaggregated performance data with the community to set community-level
outcomes;
new text end
new text begin
(8) employ continuous improvement processes;
new text end
new text begin
(9) have an anchor entity to manage the partnership;
new text end
new text begin
(10) convene a cross-sector leadership group and have a documented accountability
structure; and
new text end
new text begin
(11) demonstrate use of nonstate funds, from multiple sources, including in-kind
contributions.
new text end
(c) A grant recipient's supportive services programming must address:
(1) kindergarten readiness and youth development;
(2) grade 3 reading proficiency;
new text begin
(3) middle school mathematics;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end high school graduation;
deleted text begin (4)deleted text end new text begin (5)new text end postsecondary educational deleted text begin attainmentdeleted text end new text begin enrollmentnew text end ;
new text begin
(6) postsecondary education completion;
new text end
deleted text begin (5)deleted text end new text begin (7)new text end physical and mental health;
deleted text begin (6)deleted text end new text begin (8)new text end development of career skills and readiness;
deleted text begin (7)deleted text end new text begin (9)new text end parental engagement and development;
deleted text begin (8)deleted text end new text begin (10)new text end community engagement and programmatic alignment; and
deleted text begin (9)deleted text end new text begin (11)new text end reduction of remedial education.
(d) The commissioner, in consultation with grant recipients, must:
(1) develop and revise core indicators of progress toward outcomes specifying impacts
for each tier identified under subdivision 4;
(2) establish a reporting system for grant recipients to measure program outcomes using
data sources and program goals; and
(3) evaluate effectiveness based on the core indicators established by each partnership
for each tier.
Sec. 3.
Minnesota Statutes 2017 Supplement, section 136A.246, subdivision 4, is amended
to read:
Subd. 4.
Application.
Applications must be made to the commissioner on a form provided
by the commissioner. The commissioner must, to the extent possible, make the application
form as short and simple to complete as is reasonably possible. The commissioner shall
establish a schedule for applications and grants. The application must include, without
limitation:
(1) the projected number of employee trainees;
(2) the number of projected employee trainees who graduated from high school or passed
deleted text begin thedeleted text end new text begin anew text end commissioner of education-selected high school equivalency test in the current or
immediately preceding calendar year;
(3) the competency standard for which training will be provided;
(4) the credential the employee will receive upon completion of training;
(5) the name and address of the training institution or program and a signed statement
by the institution or program that it is able and agrees to provide the training;
(6) the period of the training; and
(7) the cost of the training charged by the training institution or program and certified
by the institution or program. The cost of training includes tuition, fees, and required books
and materials.
An application may be made for training of employees of multiple employers either by
the employers or by an organization on their behalf.
Sec. 4.
Minnesota Statutes 2017 Supplement, section 155A.30, subdivision 12, is amended
to read:
Subd. 12.
Minnesota state authorization.
A cosmetology school licensed or applying
for licensure under this section shall maintain recognition as an institution of postsecondary
study by meeting the following conditions, in addition to the provisions of Minnesota Rules,
deleted text begin partsdeleted text end new text begin partnew text end 2110.0310 deleted text begin and 2110.0370deleted text end :
(1) the school must admit as regular students only those individuals who have a high
school diploma or a diploma based on passing new text begin a new text end commissioner of education-selected high
school equivalency deleted text begin tests or their equivalentdeleted text end new text begin testnew text end , or who are beyond the age of compulsory
education as prescribed by section 120A.22; and
(2) the school must be licensed by name and authorized by the Office of Higher Education
and the board to offer one or more training programs beyond the secondary level.
Sec. 5.
Laws 2017, First Special Session chapter 5, article 9, section 2, subdivision 7, is
amended to read:
Subd. 7.
Tier 2 implementing grants.
(a) For Tier 2 implementing grants under
Minnesota Statutes, section 124D.99:
| $ |
480,000 |
..... |
2018 |
|
| $ |
deleted text begin
480,000 deleted text end new text begin 560,000 new text end |
..... |
2019 |
(b) For fiscal years 2018 and 2019 only, $160,000 each year is for the Northfield Healthy
Community Initiative in Northfield; $160,000 is for the Jones Family Foundation for the
Every Hand Joined program in Red Wing; and $160,000 is for the United Way of Central
Minnesota for the Partners for Student Success program.
(c) new text begin For fiscal year 2019 only, $80,000 is for the United Way of Central Minnesota for
the Promise Neighborhood of Central Minnesota.
new text end
new text begin (d) new text end The base funding for Tier 2 implementing grants is $480,000. The commissioner
must competitively award all grants under this subdivision for fiscal year 2020 and laterdeleted text begin .deleted text end new text begin
according to the criteria in Minnesota Statutes, section 124D.99, subdivision 3. For grants
authorized in fiscal year 2020 and later, priority must be given to past grant recipients.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end Any balance in the first year does not cancel but is available in the second year.
ARTICLE 10
STATE AGENCIES
Section 1.
Laws 2017, First Special Session chapter 5, article 11, section 9, is amended
to read:
Sec. 9. APPROPRIATIONS; DEPARTMENT OF EDUCATION.
Subdivision 1.
Department of Education.
Unless otherwise indicated, the sums indicated
in this section are appropriated from the general fund to the Department of Education for
the fiscal years designated.
Subd. 2.
Department.
(a) For the Department of Education:
| $ |
27,158,000 |
..... |
2018 |
|
| $ |
24,874,000 |
..... |
2019 |
Of these amounts:
(1) $231,000 each year is for the Board of School Administrators, and beginning in fiscal
year 2020, the amount indicated is from the educator licensure account in the special revenue
fund;
(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes,
section 120B.115;
(3) $500,000 each year is for the school safety technical assistance center under Minnesota
Statutes, section 127A.052;
(4) $250,000 each year is for the School Finance Division to enhance financial data
analysis;
(5) $720,000 each year is for implementing Minnesota's Learning for English Academic
Proficiency and Success Act under Laws 2014, chapter 272, article 1, as amended;
(6) $2,750,000 in fiscal year 2018 and $500,000 in fiscal year 2019 are for the Department
of Education's mainframe update;
(7) $123,000 each year is for a dyslexia specialist; and
(8) $2,000,000 each year is for legal fees and costs associated with litigation.
(b) Any balance in the first year does not cancel but is available in the second year.
(c) None of the amounts appropriated under this subdivision may be used for Minnesota's
Washington, D.C. office.
(d) The expenditures of federal grants and aids as shown in the biennial budget document
and its supplements are approved and appropriated and shall be spent as indicated.
(e) This appropriation includes funds for information technology project services and
support subject to the provisions of Minnesota Statutes, section 16E.0466. Any ongoing
information technology costs will be incorporated into the service level agreement and will
be paid to the Office of MN.IT Services by the Department of Education under the rates
and mechanism specified in that agreement.
(f) The agency's base is deleted text begin $22,054,000deleted text end new text begin $21,054,000new text end for fiscal year 2020 and deleted text begin $21,965,000deleted text end new text begin
$20,965,000new text end for 2021.
Sec. 2.
Laws 2017, First Special Session chapter 5, article 11, section 12, is amended to
read:
Sec. 12. APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.
(a) The sums in this section are appropriated from the general fund to the Perpich Center
for Arts Education for the fiscal years designated:
| $ |
deleted text begin
8,173,000 deleted text end new text begin 7,298,000 new text end |
..... |
2018 |
|
| $ |
6,973,000 |
..... |
2019 |
(b) Of the amounts appropriated in paragraph (a), $370,000 is for fiscal years 2018 or
2019 only for arts integration and Turnaround Arts programs.
(c) deleted text begin $1,200,000deleted text end new text begin $325,000new text end in fiscal year 2018 is for severance payments related to the
closure of Crosswinds school and is available until June 30, deleted text begin 2019deleted text end new text begin 2018new text end .
new text begin
(d) For fiscal year 2020 and later, the base for the Perpich Center for Arts Education is
$5,373,000. This base is calculated with an operational fixed cost of $2,518,000 and a
variable cost of $16,000 times the estimated number of pupil units served times the ratio of
the basic formula allowance for the current year to the formula allowance for fiscal year
2019.
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 2017, First Special Session chapter 5, article 11, section 13, is amended to
read:
Sec. 13. CROSSWINDS DISPOSITION COSTS.
deleted text begin $162,000deleted text end new text begin $21,000new text end in fiscal year 2018 only is appropriated from the general fund to the
Perpich Center for Arts Education. The amount appropriated in this section is for transfer
to the commissioner of administration for costs related to the sale of the Crosswinds school
and is available until June 30, 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 11
FORECAST ADJUSTMENTS
A. GENERAL EDUCATION
Section 1.
Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision
3, is amended to read:
Subd. 3.
Enrollment options transportation.
For transportation of pupils attending
postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
| $ |
deleted text begin
29,000 deleted text end new text begin 25,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
31,000 deleted text end new text begin 27,000 new text end |
..... |
2019 |
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.
Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 4, is
amended to read:
Subd. 4.
Abatement aid.
For abatement aid under Minnesota Statutes, section 127A.49:
| $ |
deleted text begin
2,374,000 deleted text end new text begin 2,584,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
2,163,000 deleted text end new text begin 3,218,000 new text end |
..... |
2019 |
The 2018 appropriation includes $262,000 for 2017 and deleted text begin $2,112,000deleted text end new text begin $2,322,000new text end for
2018.
The 2019 appropriation includes deleted text begin $234,000deleted text end new text begin $258,000new text end for 2018 and deleted text begin $1,929,000deleted text end new text begin $2,960,000new text end
for 2019.
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 2017, First Special Session chapter 5, article 1, section 19, subdivision 5, is
amended to read:
Subd. 5.
Consolidation transition aid.
For districts consolidating under Minnesota
Statutes, section 123A.485:
| $ |
deleted text begin
185,000 deleted text end new text begin 0 new text end |
..... |
2018 |
|
| $ |
deleted text begin
382,000 deleted text end new text begin 270,000 new text end |
..... |
2019 |
The 2018 appropriation includes $0 for 2017 and deleted text begin $185,000deleted text end new text begin $0new text end for 2018.
The 2019 appropriation includes deleted text begin $20,000deleted text end new text begin $0new text end for 2018 and deleted text begin $362,000deleted text end new text begin $270,000new text end for 2019.
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 2017, First Special Session chapter 5, article 1, section 19, subdivision 6, is
amended to read:
Subd. 6.
Nonpublic pupil education aid.
For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
| $ |
deleted text begin
18,197,000 deleted text end new text begin 17,779,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
19,225,000 deleted text end new text begin 17,910,000 new text end |
..... |
2019 |
The 2018 appropriation includes $1,687,000 for 2017 and deleted text begin $16,510,000deleted text end new text begin $16,092,000new text end for
2018.
The 2019 appropriation includes deleted text begin $1,834,000deleted text end new text begin $1,787,000new text end for 2018 and deleted text begin $17,391,000deleted text end new text begin
$16,123,000new text end for 2019.
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 2017, First Special Session chapter 5, article 1, section 19, subdivision 7, is
amended to read:
Subd. 7.
Nonpublic pupil transportation.
For nonpublic pupil transportation aid under
Minnesota Statutes, section 123B.92, subdivision 9:
| $ |
deleted text begin
18,372,000 deleted text end new text begin 17,549,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
18,541,000 deleted text end new text begin 18,309,000 new text end |
..... |
2019 |
The 2018 appropriation includes $1,835,000 for 2017 and deleted text begin $16,537,000deleted text end new text begin $15,714,000new text end for
2018.
The 2019 appropriation includes deleted text begin $1,837,000deleted text end new text begin $1,745,000new text end for 2018 and deleted text begin $16,704,000deleted text end new text begin
$16,564,000new text end for 2019.
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.
Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 9, is
amended to read:
Subd. 9.
Career and technical aid.
For career and technical aid under Minnesota
Statutes, section 124D.4531, subdivision 1b:
| $ |
deleted text begin
4,561,000 deleted text end new text begin 4,757,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
4,125,000 deleted text end new text begin 4,384,000 new text end |
..... |
2019 |
The 2018 appropriation includes $476,000 for 2017 and deleted text begin $4,085,000deleted text end new text begin $4,281,000new text end for
2018.
The 2019 appropriation includes deleted text begin $453,000deleted text end new text begin $475,000new text end for 2018 and deleted text begin $3,672,000deleted text end new text begin $3,909,000new text end
for 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
B. EDUCATION EXCELLENCE
Sec. 7.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 2, is
amended to read:
Subd. 2.
Achievement and integration aid.
For achievement and integration aid under
Minnesota Statutes, section 124D.862:
| $ |
deleted text begin
71,249,000 deleted text end new text begin 71,693,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
73,267,000 deleted text end new text begin 73,926,000 new text end |
..... |
2019 |
The 2018 appropriation includes $6,725,000 for 2017 and deleted text begin $64,524,000deleted text end new text begin $64,968,000new text end for
2018.
The 2019 appropriation includes deleted text begin $7,169,000deleted text end new text begin $7,218,000new text end for 2018 and deleted text begin $66,098,000deleted text end new text begin
$66,708,000new text end for 2019.
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.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 3, is
amended to read:
Subd. 3.
Literacy incentive aid.
For literacy incentive aid under Minnesota Statutes,
section 124D.98:
| $ |
deleted text begin
47,264,000 deleted text end new text begin 46,517,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
47,763,000 deleted text end new text begin 46,188,000 new text end |
..... |
2019 |
The 2018 appropriation includes $4,597,000 for 2017 and deleted text begin $42,667,000deleted text end new text begin $41,920,000new text end for
2018.
The 2019 appropriation includes deleted text begin $4,740,000deleted text end new text begin $4,657,000new text end for 2018 and deleted text begin $43,023,000deleted text end new text begin
$41,531,000new text end for 2019.
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.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 4, is
amended to read:
Subd. 4.
Interdistrict desegregation or integration transportation grants.
For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:
| $ |
deleted text begin
13,337,000 deleted text end new text begin 14,328,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
14,075,000 deleted text end new text begin 15,065,000 new text end |
..... |
2019 |
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.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 5,
is amended to read:
Subd. 5.
Tribal contract schools.
For tribal contract school aid under Minnesota Statutes,
section 124D.83:
| $ |
deleted text begin
3,623,000 deleted text end new text begin 2,954,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
4,018,000 deleted text end new text begin 3,381,000 new text end |
..... |
2019 |
The 2018 appropriation includes $323,000 for 2017 and deleted text begin $3,300,000deleted text end new text begin $2,631,000new text end for
2018.
The 2019 appropriation includes deleted text begin $366,000deleted text end new text begin $292,000new text end for 2018 and deleted text begin $3,652,000deleted text end new text begin $3,089,000new text end
for 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 6,
is amended to read:
Subd. 6.
American Indian education aid.
For American Indian education aid under
Minnesota Statutes, section 124D.81, subdivision 2a:
| $ |
9,244,000 |
..... |
2018 |
|
| $ |
deleted text begin
9,464,000 deleted text end new text begin 9,409,000 new text end |
..... |
2019 |
The 2018 appropriation includes $886,000 for 2017 and $8,358,000 for 2018.
The 2019 appropriation includes $928,000 for 2018 and deleted text begin $8,536,000deleted text end new text begin $8,481,000new text end for
2019.
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 2017, First Special Session chapter 5, article 2, section 57, subdivision 21,
is amended to read:
Subd. 21.
Charter school building lease aid.
For building lease aid under Minnesota
Statutes, section 124E.22:
| $ |
deleted text begin
73,341,000 deleted text end new text begin 73,334,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
78,802,000 deleted text end new text begin 79,098,000 new text end |
..... |
2019 |
The 2018 appropriation includes $6,850,000 for 2017 and deleted text begin $66,491,000deleted text end new text begin $66,484,000new text end for
2018.
The 2019 appropriation includes $7,387,000 for 2018 and deleted text begin $71,415,000deleted text end new text begin $71,711,000new text end for
2019.
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 2017, First Special Session chapter 5, article 2, section 57, subdivision 26,
is amended to read:
Subd. 26.
Alternative teacher compensation aid.
For alternative teacher compensation
aid under Minnesota Statutes, section 122A.415, subdivision 4:
| $ |
deleted text begin
89,863,000 deleted text end new text begin 90,131,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
89,623,000 deleted text end new text begin 89,789,000 new text end |
..... |
2019 |
The 2018 appropriation includes $8,917,000 for 2017 and deleted text begin $80,946,000deleted text end new text begin $81,214,000new text end for
2018.
The 2019 appropriation includes deleted text begin $8,994,000deleted text end new text begin $9,023,000new text end for 2018 and deleted text begin $80,629,000deleted text end new text begin
$80,766,000new text end for 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
C. SPECIAL EDUCATION
Sec. 14.
Laws 2017, First Special Session chapter 5, article 4, section 12, subdivision 3,
is amended to read:
Subd. 3.
Aid for children with disabilities.
For aid under Minnesota Statutes, section
125A.75, subdivision 3, for children with disabilities placed in residential facilities within
the district boundaries for whom no district of residence can be determined:
| $ |
deleted text begin
1,597,000 deleted text end new text begin 1,022,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
1,830,000 deleted text end new text begin 1,204,000 new text end |
..... |
2019 |
If the appropriation for either year is insufficient, the appropriation for the other year is
available.
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 2017, First Special Session chapter 5, article 4, section 12, subdivision 4,
is amended to read:
Subd. 4.
Travel for home-based services.
For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
| $ |
deleted text begin
508,000 deleted text end new text begin 412,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
532,000 deleted text end new text begin 421,000 new text end |
..... |
2019 |
The 2018 appropriation includes $48,000 for 2017 and deleted text begin $460,000deleted text end new text begin $364,000new text end for 2018.
The 2019 appropriation includes deleted text begin $51,000deleted text end new text begin $40,000new text end for 2018 and deleted text begin $481,000deleted text end new text begin $381,000new text end for
2019.
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 2017, First Special Session chapter 5, article 4, section 12, subdivision 5,
is amended to read:
Subd. 5.
Court-placed special education revenue.
For reimbursing serving school
districts for unreimbursed eligible expenditures attributable to children placed in the serving
school district by court action under Minnesota Statutes, section 125A.79, subdivision 4:
| $ |
deleted text begin
46,000 deleted text end new text begin 40,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
47,000 deleted text end new text begin 41,000 new text end |
..... |
2019 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
D. FACILITIES AND TECHNOLOGY
Sec. 17.
Laws 2017, First Special Session chapter 5, article 5, section 14, subdivision 2,
is amended to read:
Subd. 2.
Debt service equalization aid.
For debt service equalization aid under
Minnesota Statutes, section 123B.53, subdivision 6:
| $ |
24,908,000 |
..... |
2018 |
|
| $ |
deleted text begin
22,360,000 deleted text end new text begin 23,137,000 new text end |
..... |
2019 |
The 2018 appropriation includes $2,324,000 for 2017 and $22,584,000 for 2018.
The 2019 appropriation includes $2,509,000 for 2018 and deleted text begin $19,851,000deleted text end new text begin $20,628,000new text end for
2019.
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 2017, First Special Session chapter 5, article 5, section 14, subdivision 3,
is amended to read:
Subd. 3.
Long-term facilities maintenance equalized aid.
For long-term facilities
maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:
| $ |
deleted text begin
80,179,000 deleted text end new text begin 81,053,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
103,460,000 deleted text end new text begin 102,374,000 new text end |
..... |
2019 |
The 2018 appropriation includes $5,815,000 for 2017 and deleted text begin $74,364,000deleted text end new text begin $75,238,000new text end for
2018.
The 2019 appropriation includes deleted text begin $8,262,000deleted text end new text begin $8,359,000new text end for 2018 and deleted text begin $95,198,000deleted text end new text begin
$94,015,000new text end for 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
E. NUTRITION
Sec. 19.
Laws 2017, First Special Session chapter 5, article 6, section 3, subdivision 2, is
amended to read:
Subd. 2.
School lunch.
For school lunch aid under Minnesota Statutes, section 124D.111,
and Code of Federal Regulations, title 7, section 210.17:
| $ |
deleted text begin
16,721,000 deleted text end new text begin 16,143,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
17,223,000 deleted text end new text begin 16,477,000 new text end |
..... |
2019 |
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.
Laws 2017, First Special Session chapter 5, article 6, section 3, subdivision 3, is
amended to read:
Subd. 3.
School breakfast.
For traditional school breakfast aid under Minnesota Statutes,
section 124D.1158:
| $ |
deleted text begin
10,601,000 deleted text end new text begin 10,474,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
11,359,000 deleted text end new text begin 11,282,000 new text end |
..... |
2019 |
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.
Laws 2017, First Special Session chapter 5, article 6, section 3, subdivision 4, is
amended to read:
Subd. 4.
Kindergarten milk.
For kindergarten milk aid under Minnesota Statutes,
section 124D.118:
| $ |
deleted text begin
758,000 deleted text end new text begin 734,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
758,000 deleted text end new text begin 734,000 new text end |
..... |
2019 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
F. EARLY CHILDHOOD AND FAMILY SUPPORT
Sec. 22.
Laws 2017, First Special Session chapter 5, article 8, section 10, subdivision 3,
is amended to read:
Subd. 3.
Mixed delivery prekindergarten programs.
(a) For mixed delivery
prekindergarten programs and school readiness plus programs:
| $ |
deleted text begin
21,429,000 deleted text end new text begin 0 new text end |
..... |
2018 |
|
| $ |
deleted text begin
28,571,000 deleted text end new text begin 0 new text end |
..... |
2019 |
(b) The fiscal year 2018 appropriation includes $0 for 2017 and deleted text begin $21,429,000deleted text end new text begin $0new text end for
2018.
(c) The fiscal year 2019 appropriation includes deleted text begin $2,381,000deleted text end new text begin $0new text end for 2018 and deleted text begin $26,190,000deleted text end new text begin
$0new text end for 2019.
(d) The commissioner must proportionately allocate the amounts appropriated in this
subdivision among each education funding program affected by the enrollment of mixed
delivery system prekindergarten pupils.
(e) The appropriation under this subdivision is reduced by any other amounts specifically
appropriated for those purposes.
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.
Laws 2017, First Special Session chapter 5, article 8, section 10, subdivision 5a,
is amended to read:
Subd. 5a.
Early childhood family education aid.
For early childhood family education
aid under Minnesota Statutes, section 124D.135:
| $ |
deleted text begin
30,405,000 deleted text end new text begin 29,760,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
31,977,000 deleted text end new text begin 30,870,000 new text end |
..... |
2019 |
The 2018 appropriation includes $2,904,000 for 2017 and deleted text begin $27,501,000deleted text end new text begin $26,856,000new text end for
2018.
The 2019 appropriation includes deleted text begin $3,055,000deleted text end new text begin $2,983,000new text end for 2018 and deleted text begin $28,922,000deleted text end new text begin
$27,887,000new text end for 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Laws 2017, First Special Session chapter 5, article 8, section 10, subdivision 6,
is amended to read:
Subd. 6.
Developmental screening aid.
For developmental screening aid under
Minnesota Statutes, sections 121A.17 and 121A.19:
| $ |
deleted text begin
3,606,000 deleted text end new text begin 3,663,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
3,629,000 deleted text end new text begin 3,688,000 new text end |
..... |
2019 |
The 2018 appropriation includes $358,000 for 2017 and deleted text begin $3,248,000deleted text end new text begin $3,305,000new text end for
2018.
The 2019 appropriation includes deleted text begin $360,000deleted text end new text begin $367,000new text end for 2018 and deleted text begin $3,269,000deleted text end new text begin $3,321,000new text end
for 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Laws 2017, First Special Session chapter 5, article 8, section 10, subdivision 12,
is amended to read:
Subd. 12.
Home visiting aid.
For home visiting aid under Minnesota Statutes, section
124D.135:
| $ |
deleted text begin
527,000 deleted text end new text begin 503,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
571,000 deleted text end new text begin 525,000 new text end |
..... |
2019 |
The 2018 appropriation includes $0 for 2017 and deleted text begin $527,000deleted text end new text begin $503,000new text end for 2018.
The 2019 appropriation includes deleted text begin $58,000deleted text end new text begin $55,000new text end for 2018 and deleted text begin $513,000deleted text end new text begin $470,000new text end for
2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
G. COMMUNITY EDUCATION AND PREVENTION
Sec. 26.
Laws 2017, First Special Session chapter 5, article 9, section 2, subdivision 2, is
amended to read:
Subd. 2.
Community education aid.
For community education aid under Minnesota
Statutes, section 124D.20:
| $ |
deleted text begin
483,000 deleted text end new text begin 477,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
393,000 deleted text end new text begin 410,000 new text end |
..... |
2019 |
The 2018 appropriation includes $53,000 for 2017 and deleted text begin $430,000deleted text end new text begin $424,000new text end for 2018.
The 2019 appropriation includes $47,000 for 2018 and deleted text begin $346,000deleted text end new text begin $363,000new text end for 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
H. SELF-SUFFICIENCY AND LIFELONG LEARNING
Sec. 27.
Laws 2017, First Special Session chapter 5, article 10, section 6, subdivision 2,
is amended to read:
Subd. 2.
Adult basic education aid.
For adult basic education aid under Minnesota
Statutes, section 124D.531:
| $ |
deleted text begin
50,010,000 deleted text end new text begin 48,708,000 new text end |
..... |
2018 |
|
| $ |
deleted text begin
51,497,000 deleted text end new text begin 50,109,000 new text end |
..... |
2019 |
The 2018 appropriation includes $4,881,000 for 2017 and deleted text begin $45,129,000deleted text end new text begin $43,827,000new text end for
2018.
The 2019 appropriation includes deleted text begin $5,014,000deleted text end new text begin $4,869,000new text end for 2018 and deleted text begin $46,483,000deleted text end new text begin
$45,240,000new text end for 2019.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 12
APPROPRIATIONS
Section 1. new text begin HIGHER EDUCATION APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2017, chapter 89, article 1, unless otherwise specified, to the agencies and for the
purposes specified in this article. The appropriations are from the general fund, or another
named fund, and are available for the fiscal years indicated for each purpose. The figures
"2018" and "2019" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. "The first
year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" is fiscal
years 2018 and 2019.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2018 new text end |
new text begin
2019 new text end |
|||||
Sec. 2. new text begin MINNESOTA OFFICE OF HIGHER
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
500,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
State Grants
|
new text begin
-0- new text end |
new text begin
350,000 new text end |
||||
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Agricultural Educators Loan
|
new text begin
-0- new text end |
new text begin
100,000 new text end |
||||
new text begin
For transfer to the agricultural education loan
forgiveness account in the special revenue
fund under Minnesota Statutes, section
136A.1794, subdivision 2. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Student Loan Debt Counseling
|
new text begin
-0- new text end |
new text begin
50,000 new text end |
||||
new text begin
For a student loan debt counseling grant under
Minnesota Statutes, section 136A.1705. This
is a onetime appropriation.
new text end
Sec. 3. new text begin BOARD OF TRUSTEES OF THE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
5,000,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Operations and Maintenance
|
new text begin
-0- new text end |
new text begin
5,000,000 new text end |
||||
new text begin
(a) This appropriation includes $1,000,000 in
fiscal year 2019 for cyber security programs
at Metropolitan State University. This is a
onetime appropriation.
new text end
new text begin
(b) This appropriation includes $4,000,000 in
fiscal year 2019 for campus support to be
allocated to campuses according to the fiscal
year 2019 framework. This is a onetime
appropriation.
new text end
Sec. 4. new text begin BOARD OF REGENTS OF THE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
500,000 new text end |
||
new text begin
This is a onetime appropriation.
new text end
ARTICLE 13
HIGHER EDUCATION POLICY
Section 1.
Minnesota Statutes 2016, section 135A.15, subdivision 2, is amended to read:
Subd. 2.
Victims' rights.
The policy required under subdivision 1 shall, at a minimum,
require that students and employees be informed of the policy, and shall include provisions
for:
(1) filing criminal charges with local law enforcement officials in sexual assault cases;
(2) the prompt assistance of campus authorities, at the request of the victim, in notifying
the appropriate law enforcement officials and disciplinary authorities of a sexual assault
incident;
(3) allowing sexual assault victims to decide whether to report a case to law enforcement;
(4) requiring campus authorities to treat sexual assault victims with dignity;
(5) requiring campus authorities to offer sexual assault victims fair and respectful health
care, counseling services, or referrals to such services;
(6) preventing campus authorities from suggesting to a victim of sexual assault that the
victim is at fault for the crimes or violations that occurred;
(7) preventing campus authorities from suggesting to a victim of sexual assault that the
victim should have acted in a different manner to avoid such a crime;
(8) subject to subdivision 10, protecting the privacy of sexual assault victims by only
disclosing data collected under this section to the victim, persons whose work assignments
reasonably require access, and, at a sexual assault victim's request, police conducting a
criminal investigation;
(9) an investigation and resolution of a sexual assault complaint by campus disciplinary
authorities;
(10) a sexual assault victim's participation in and the presence of the victim's attorney
or other support person who is not a fact witness to the sexual assault at any meeting with
campus officials concerning the victim's sexual assault complaint or campus disciplinary
proceeding concerning a sexual assault complaint;
(11) ensuring that a sexual assault victim may decide when to repeat a description of
the incident of sexual assault;
(12) notice to a sexual assault victim of the availability of a campus or local program
providing sexual assault advocacy servicesnew text begin and information on legal resourcesnew text end ;
(13) notice to a sexual assault victim of the outcome of any campus disciplinary
proceeding concerning a sexual assault complaint, consistent with laws relating to data
practices;
(14) the complete and prompt assistance of campus authorities, at the direction of law
enforcement authorities, in obtaining, securing, and maintaining evidence in connection
with a sexual assault incident;
(15) the assistance of campus authorities in preserving for a sexual assault complainant
or victim materials relevant to a campus disciplinary proceeding;
(16) during and after the process of investigating a complaint and conducting a campus
disciplinary procedure, the assistance of campus personnel, in cooperation with the
appropriate law enforcement authorities, at a sexual assault victim's request, in shielding
the victim from unwanted contact with the alleged assailant, including transfer of the victim
to alternative classes or to alternative college-owned housing, if alternative classes or housing
are available and feasible;
(17) forbidding retaliation, and establishing a process for investigating complaints of
retaliation, against sexual assault victims by campus authorities, the accused, organizations
affiliated with the accused, other students, and other employees;
(18) at the request of the victim, providing students who reported sexual assaults to the
institution and subsequently choose to transfer to another postsecondary institution with
information about resources for victims of sexual assault at the institution to which the
victim is transferring; and
(19) consistent with laws governing access to student records, providing a student who
reported an incident of sexual assault with access to the student's description of the incident
as it was reported to the institution, including if that student transfers to another postsecondary
institution.
Sec. 2.
Minnesota Statutes 2016, section 135A.15, subdivision 6, is amended to read:
Subd. 6.
Data collection and reporting.
(a) Postsecondary institutions must annually
report statistics on sexual assault. This report must be prepared in addition to any federally
required reporting on campus security, including reports required by the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act, United States
Code, title 20, section 1092(f). The report must include, but not be limited to, the number
of incidents of sexual assault reported to the institution in the previous calendar year, as
follows:
(1) the number that were investigated by the institution;
(2) the number that were referred for a disciplinary proceeding at the institution;
(3) the number the victim chose to report to local or state law enforcement;
(4) the number for which a campus disciplinary proceeding is pending, but has not
reached a final resolution;
(5) the number in which the alleged perpetrator was found responsible by the disciplinary
proceeding at the institution;
(6) the number that resulted in any action by the institution greater than a warning issued
to the accused;
(7) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution;
(8) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution because the accused withdrew from the institution;
(9) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution because the victim chose not to participate in the procedure; and
(10) the number of reports made through the online reporting system established in
subdivision 5, excluding reports submitted anonymously.
(b) If an institution previously submitted a report indicating that one or more disciplinary
proceedings was pending, but had not reached a final resolution, and one or more of those
disciplinary proceedings reached a final resolution within the previous calendar year, that
institution must submit updated totals from the previous year that reflect the outcome of
the pending case or cases.
(c) The reports required by this subdivision must be submitted to the Office of Higher
Education by October 1 of each year. Each report must contain the data required under
paragraphs (a) and (b) from the previous calendar year.
(d) The commissioner of the Office of Higher Education shall calculate statewide numbers
for each data item reported by an institution under this subdivision. The statewide numbers
must include data from postsecondary institutions that the commissioner could not publish
due to federal laws governing access to student records.
(e) The Office of Higher Education shall publish on its Web site:
(1) the statewide data calculated under paragraph (d); and
(2) the data items required under paragraphs (a) and (b) for each postsecondary institution
in the state.
Each postsecondary institution shall publish on the institution's Web site the data items
required under paragraphs (a) and (b) for that institution.
(f) Reports and data required under this subdivision must be prepared and published as
summary data, as defined in section 13.02, subdivision 19, and must be consistent with
applicable law governing access to educational data. If an institution or the Office of Higher
Education does not publish data because of applicable law, the publication must explain
why data are not included.
new text begin
(g) By October 1 of each year, the Board of Regents of the University of Minnesota
must submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over higher education policy and finance. In addition to the data on sexual
assault incidents described in paragraph (a), the report must include equivalent data on
incidents of sexual harassment, as defined in the board's policy on sexual harassment. The
report is subject to the requirements of paragraph (f).
new text end
Sec. 3.
new text begin
[136A.1705] STUDENT LOAN DEBT COUNSELING.
new text end
new text begin Subdivision 1. new text end
new text begin Grant. new text end
new text begin
(a) A program is established under the Office of Higher Education
to provide a grant to a Minnesota-based nonprofit qualified debt counseling organization
to provide individual student loan debt repayment counseling to borrowers who are Minnesota
residents concerning loans obtained to attend a postsecondary institution. The number of
individuals receiving counseling may be limited to those capable of being served with
available appropriations for that purpose. A goal of the counseling program is to provide
two counseling sessions to at least 75 percent of borrowers receiving counseling.
new text end
new text begin
(b) The purpose of the counseling is to assist borrowers to:
new text end
new text begin
(1) understand their loan and repayment options;
new text end
new text begin
(2) manage loan repayment; and
new text end
new text begin
(3) develop a workable budget based on the borrower's full financial situation regarding
income, expenses, and other debt.
new text end
new text begin Subd. 2. new text end
new text begin Qualified debt counseling organization. new text end
new text begin
A qualified debt counseling
organization is an organization that:
new text end
new text begin
(1) has experience in providing individualized student loan counseling;
new text end
new text begin
(2) employs certified financial loan counselors; and
new text end
new text begin
(3) is based in Minnesota and has offices at multiple rural and metropolitan area locations
in the state to provide in-person counseling.
new text end
new text begin Subd. 3. new text end
new text begin Grant application and award. new text end
new text begin
(a) Applications for a grant shall be on a form
created by the commissioner and on a schedule set by the commissioner. Among other
provisions, the application must include a description of:
new text end
new text begin
(1) the characteristics of borrowers to be served;
new text end
new text begin
(2) the services to be provided and a timeline for implementation of the services;
new text end
new text begin
(3) how the services provided will help borrowers manage loan repayment;
new text end
new text begin
(4) specific program outcome goals and performance measures for each goal; and
new text end
new text begin
(5) how the services will be evaluated to determine whether the program goals were
met.
new text end
new text begin
(b) The commissioner shall select one grant recipient for a two-year award every two
years. A grant may be renewed biennially.
new text end
new text begin Subd. 4. new text end
new text begin Program evaluation. new text end
new text begin
(a) The grant recipient must submit a report to the
commissioner by January 15 of the second year of the grant award. The report must evaluate
and measure the extent to which program outcome goals have been met.
new text end
new text begin
(b) The grant recipient must collect, analyze, and report on participation and outcome
data that enable the office to verify the outcomes.
new text end
new text begin
(c) The evaluation must include information on the number of borrowers served with
on-time student loan payments, the numbers who brought their loans into good standing,
the number of student loan defaults, the number who developed a monthly budget plan, and
other information required by the commissioner. Recipients of the counseling must be
surveyed on their opinions about the usefulness of the counseling and the survey results
must be included in the report.
new text end
new text begin Subd. 5. new text end
new text begin Report to legislature. new text end
new text begin
By February 1 of the second year of each grant award,
the commissioner must submit a report to the committees in the legislature with jurisdiction
over higher education finance regarding grant program outcomes.
new text end
Sec. 4.
Minnesota Statutes 2016, section 136A.901, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Account. new text end
new text begin
A spinal cord injury and traumatic brain injury research grant account
is created in the special revenue fund in the state treasury. The commissioner shall deposit
into the account appropriations made for the purposes of this section. Money in the account
is appropriated to the commissioner for the purposes for which it was appropriated.
new text end
Sec. 5.
Minnesota Statutes 2016, section 137.0245, is amended to read:
137.0245 deleted text begin REGENT CANDIDATE ADVISORY COUNCILdeleted text end new text begin LEGISLATIVE
COMMISSION ON REGENT SELECTIONnew text end .
Subdivision 1.
Establishment.
A deleted text begin Regent Candidate Advisory Councildeleted text end new text begin Legislative
Commission on Regent Selectionnew text end is established to assist in determining criteria for, and
identifying and recruiting qualified candidates for membership on the Board of Regents
and making recommendations to the joint legislative committee described in section
137.0246, subdivision 2.
Subd. 2.
Membership.
new text begin (a) new text end The deleted text begin Regent Candidate Advisory Council shall consistdeleted text end new text begin
Legislative Commission on Regent Selection consistsnew text end ofnew text begin :new text end deleted text begin 24 members. Twelve members
shall be appointed by the Subcommittee on Committees of the Committee on Rules and
Administration of the senate. Twelve members shall be appointed by the speaker of the
house. Each appointing authority must appoint one member who is a student enrolled in a
degree program at the University of Minnesota at the time of appointment. No more than
one-third of the members appointed by each appointing authority may be current or former
legislators. No more than two-thirds of the members appointed by each appointing authority
may belong to the same political party; however, political activity or affiliation is not required
for the appointment of any member. Geographical representation must be taken into
consideration when making appointments. Section 15.0575 shall govern the advisory council,
except that:
deleted text end
deleted text begin
(1) the members shall be appointed to six-year terms with one-third appointed each
even-numbered year; and
deleted text end
deleted text begin
(2) student members are appointed to two-year terms with two students appointed each
even-numbered year.
deleted text end
deleted text begin
A member may not serve more than two full terms.
deleted text end
new text begin
(1) four members of the house of representatives, two of whom are appointed by the
speaker of the house and two of whom are appointed by the minority leader; and
new text end
new text begin
(2) four members of the senate, two of whom are appointed by the majority leader and
two of whom are appointed by the minority leader.
new text end
new text begin
(b) Members serve at the pleasure of the appointing authority. The first appointments
must be made by September 1, 2018.
new text end
new text begin
(c) A chair of the commission serves a two-year term, expiring on June 30 in an
even-numbered year. The chair must alternate biennially between a designee of the speaker
of the house and a designee of the senate majority leader. Only a member of the commission
may be designated as the chair. The speaker of the house shall designate the first chair. The
chair may vote on any matter before the commission.
new text end
Subd. 3.
Duties.
(a) The deleted text begin advisory councildeleted text end new text begin commissionnew text end shall:
(1) develop, in consultation with current and former regentsnew text begin , the University of Minnesota
Alumni Association,new text end and the administration of the University of Minnesota, a statement of
the selection criteria to be applied and a description of the responsibilities and duties of a
regent, and shall distribute this to potential candidates; and
(2) for each position on the board, identify and recruit qualified candidates for the Board
of Regents, based on the background and experience of the candidates, their potential for
discharging the responsibilities of a member of the Board of Regents, and the needs of the
board. The selection criteria must not include a limitation on the number of terms an
individual may serve on the Board of Regents.
(b) The selection criteria developed under paragraph (a), clause (1), must include a
criterion that regents represent diversity in geography; gender; race; occupation, including
business and labor; and experience.
(c) The selection criterion must include an identification of the membership needs of
the board for individual skills relevant to the governance of the University of Minnesota
and the needs for certain individual characteristics. Individual characteristics relate to
qualities such as gender, race, and geographic location of residence.
Subd. 4.
Recommendations.
(a) The deleted text begin advisory councildeleted text end new text begin commissionnew text end shall recommend at
least deleted text begin twodeleted text end new text begin onenew text end and not more than deleted text begin fourdeleted text end new text begin threenew text end candidatesnew text begin for each vacancynew text end . By January 15 of
each odd-numbered year, the deleted text begin advisory councildeleted text end new text begin commissionnew text end shall submit its recommendations
to the joint legislative committee described in section 137.0246, subdivision 2.
(b) The deleted text begin advisory councildeleted text end new text begin commissionnew text end must submit a report to the joint committee on the
needs criterion identified under subdivision 3, paragraph (c), at the same time it submits its
recommendations.
Subd. 5.
Support services.
The Legislative Coordinating Commission shall provide
administrative and support services for the deleted text begin advisory councildeleted text end new text begin commission. The Legislative
Coordinating Commission shall collect application materials from regent candidates and
forward all materials to the Legislative Commission on Regent Selectionnew text end .
Sec. 6.
Minnesota Statutes 2016, section 137.0246, is amended to read:
137.0246 REGENT NOMINATION AND ELECTION.
Subd. 2.
Regent nomination joint committee.
(a) The joint legislative committee
consists of the members of the higher education budget and policy divisions in each house
of the legislature. The chairs of the divisions from each body shall be cochairs of the joint
legislative committee. A majority of the members from each house is a quorum of the joint
committee.
(b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent
resolution, the joint legislative committee shall meet to consider the deleted text begin advisory council'sdeleted text end new text begin
Legislative Commission on Regent Selection'snew text end recommendations for regent of the University
of Minnesota for possible presentation to a joint convention of the legislature.
(c) The joint committee may recommend to the joint convention candidates recommended
by the deleted text begin advisory councildeleted text end new text begin Legislative Commission on Regent Selectionnew text end and the other candidates
nominated by the joint committee. A candidate other than those recommended by the
deleted text begin advisory councildeleted text end new text begin Legislative Commission on Regent Selectionnew text end may be nominated for
consideration by the joint committee only if the nomination receives the support of at least
three house of representatives members of the committee and two senate members of the
committee. A candidate must receive a majority vote of members from the house of
representatives and from the senate on the joint committee to be recommended to the joint
convention. The joint committee may recommend no more than one candidate for each
vacancy. In recommending nominees, the joint committee must consider the needs of the
board of regents and the balance of the board membership with respect to gender, racial,
and ethnic composition.
Sec. 7.
Laws 2017, chapter 89, article 1, section 2, subdivision 18, is amended to read:
Subd. 18.MNSCU Two-Year Public College
|
deleted text begin
3,481,000 deleted text end new text begin 2,481,000 new text end |
-0- |
||||
(a) deleted text begin $2,780,000deleted text end new text begin $1,780,000new text end in fiscal year 2018
is for two-year public college program grants
under Laws 2015, chapter 69, article 3, section
20.
(b) $545,000 in fiscal year 2018 is to provide
mentoring and outreach as specified under
Laws 2015, chapter 69, article 3, section 20.
(c) $156,000 in fiscal year 2018 is for
information technology and administrative
costs associated with implementation of 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. 8.
Laws 2017, chapter 89, article 1, section 2, subdivision 20, is amended to read:
Subd. 20.Spinal Cord Injury and Traumatic
|
3,000,000 |
3,000,000 |
||||
new text begin
For transfer to the spinal cord injury and
traumatic brain injury research grant account
in the special revenue fund.
new text end
For spinal cord injury and traumatic brain
injury research grants authorized under
Minnesota Statutes, section 136A.901.
The commissioner may use no more than three
percent of this appropriation to administer the
grant program under this subdivision.
Sec. 9. new text begin AFFORDABLE TEXTBOOK PLAN AND REPORT.
new text end
new text begin
The Board of Trustees of the Minnesota State Colleges and Universities shall develop
a plan to increase the use of affordable textbooks and instructional materials. The board
must explore and study registration software or other systems and methods to disclose or
display the cost of all textbooks and instructional materials required for a course at or prior
to course registration. The plan must describe the systems or methods examined and the
results of the study. The plan must establish a goal for the percentage of all courses offered
at state colleges and universities that will use affordable textbooks and instructional materials.
The plan must identify and describe key terms, including "affordable textbook," "instructional
material," and "course." The board must submit the plan to the chairs and ranking minority
members of the legislative committees with jurisdiction over higher education by January
15, 2020.
new text end
Sec. 10. new text begin UNIVERSITY OF MINNESOTA; APPEAL PROCESS FOR SEXUAL
MISCONDUCT FINDINGS INVOLVING EMPLOYEES.
new text end
new text begin
The Board of Regents of the University of Minnesota is requested to amend its sexual
misconduct policies to:
new text end
new text begin
(1) provide a process for accused university employees and their victims to appeal
findings of the university's Office of Equal Opportunity and Affirmative Action before an
impartial decision maker; and
new text end
new text begin
(2) require the office, at the conclusion of a sexual misconduct investigation, to provide
notice to accused university employees and their victims of any appeal rights.
new text end
ARTICLE 14
OFFICE OF HIGHER EDUCATION AGENCY POLICY
Section 1.
Minnesota Statutes 2016, section 127A.70, subdivision 2, is amended to read:
Subd. 2.
Powers and duties; report.
(a) The partnership shall develop recommendations
to the governor and the legislature designed to maximize the achievement of all P-20 students
while promoting the efficient use of state resources, thereby helping the state realize the
maximum value for its investment. These recommendations may include, but are not limited
to, strategies, policies, or other actions focused on:
(1) improving the quality of and access to education at all points from preschool through
graduate education;
(2) improving preparation for, and transitions to, postsecondary education and work;
(3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers; and
(4) realigning the governance and administrative structures of early education,
kindergarten through grade 12, and postsecondary systems in Minnesota.
(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and the
Departments of Education and Employment and Economic Development shall improve and
expand the Statewide Longitudinal Education Data System (SLEDS) to provide policymakers,
education and workforce leaders, researchers, and members of the public with data, research,
and reports to:
(1) expand reporting on students' educational outcomes for diverse student populations
including at-risk students, children with disabilities, English learners, and gifted students,
among others, and include formative and summative evaluations based on multiple measures
of new text begin child well-being, early childhood development, and new text end student progress toward career and
college readiness;
(2) evaluate the effectiveness of new text begin (i) investments in young children and families and (ii)
new text end educational and workforce programs; and
(3) evaluate the relationship between new text begin (i) investments in young children and families and
(ii) new text end education and workforce outcomes, consistent with section 124D.49.
To the extent possible under federal and state law, research and reports should be
accessible to the public on the Internet, and disaggregated by demographic characteristics,
organization or organization characteristics, and geography.
It is the intent of the legislature that the Statewide Longitudinal Education Data System
inform public policy and decision-making. The SLEDS governance committee, with
assistance from staff of the Office of Higher Education, the Department of Education, and
the Department of Employment and Economic Development, shall respond to legislative
committee and agency requests on topics utilizing data made available through the Statewide
Longitudinal Education Data System as resources permit. Any analysis of or report on the
data must contain only summary data.
(c) By January 15 of each year, the partnership shall submit a report to the governor and
to the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over P-20 education policy and finance that summarizes the partnership's progress
in meeting its goals and identifies the need for any draft legislation when necessary to further
the goals of the partnership to maximize student achievement while promoting efficient use
of resources.
Sec. 2.
Minnesota Statutes 2017 Supplement, section 136A.1275, subdivision 2, is amended
to read:
Subd. 2.
Eligibility.
To be eligible for a grant under this section, a teacher candidate
must:
(1) be enrolled in a Professional Educator Licensing and Standards Board-approved
teacher preparation program that requires at least 12 weeks of student teaching in order to
be recommended for a full professional teaching license;
(2) demonstrate financial need based on criteria established by the commissioner under
subdivision 3;
(3) deleted text begin intend to teach in a shortage area or belong to an underrepresented racial or ethnic
groupdeleted text end new text begin be meeting satisfactory academic progress as defined under section 136A.101,
subdivision 10new text end ; and
(4) deleted text begin be meeting satisfactory academic progress as defined under section 136A.101,
subdivision 10deleted text end new text begin intend to teach in a shortage area or belong to an underrepresented racial or
ethnic group. Intent can be documented based on the teacher license field the student is
pursuing or a statement of intent to teach in an economic development region defined as a
shortage area in the year the student receives a grantnew text end .
Sec. 3.
Minnesota Statutes 2017 Supplement, section 136A.1275, subdivision 3, is amended
to read:
Subd. 3.
Administration; repayment.
(a) The commissioner must establish an
application process and other guidelines for implementing this programdeleted text begin , including repayment
responsibilities for stipend recipients who do not complete student teaching or who leave
Minnesota to teach in another state during the first year after student teachingdeleted text end .
(b) The commissioner must determine each academic year the stipend amount up to
$7,500 based on the amount of available funding, the number of eligible applicants, and the
financial need of the applicants.
(c) The percentage of the total award new text begin funds available at the beginning of the fiscal year
new text end reserved for teacher candidates who identify as belonging to deleted text begin an underrepresenteddeleted text end new text begin anew text end racial
or ethnic group new text begin underrepresented in the Minnesota teacher workforce new text end must be equal to or
greater than the total percentage of students of deleted text begin underrepresenteddeleted text end racial or ethnic groups
new text begin underrepresented in the Minnesota teacher workforce new text end as measured under section 120B.35,
subdivision 3. If this percentage cannot be met because of a lack of qualifying candidates,
the remaining amount may be awarded to teacher candidates who intend to teach in a shortage
area.
Sec. 4.
Minnesota Statutes 2016, section 136A.15, subdivision 8, is amended to read:
Subd. 8.
Eligible student.
"Eligible student" means a student who is officially registered
or accepted for enrollment at an eligible institution in Minnesota or a Minnesota resident
who is officially registered as a student or accepted for enrollment at an eligible institution
in another state deleted text begin or provincedeleted text end .new text begin Non-Minnesota residents are eligible students if they are enrolled
or accepted for enrollment in a minimum of one course of at least 30 days in length during
the academic year that requires physical attendance at an eligible institution located in
Minnesota. Non-Minnesota resident students enrolled exclusively during the academic year
in correspondence courses or courses offered over the Internet are not eligible students.
Non-Minnesota resident students not physically attending classes in Minnesota due to
enrollment in a study abroad program for 12 months or less are eligible students.
Non-Minnesota residents enrolled in study abroad programs exceeding 12 months are not
eligible students.new text end An eligible student, for section 136A.1701, means a student who gives
informed consent authorizing the disclosure of data specified in section 136A.162, paragraph
(c), to a consumer credit reporting agency.
Sec. 5.
Minnesota Statutes 2016, section 136A.16, subdivision 1, is amended to read:
Subdivision 1.
Designation.
Notwithstanding chapter 16C, the office is designated as
the administrative agency for carrying out the purposes and terms of sections 136A.15 to
deleted text begin 136A.1702deleted text end new text begin 136A.1704new text end . The office may establish one or more loan programs.
Sec. 6.
Minnesota Statutes 2016, section 136A.16, subdivision 2, is amended to read:
Subd. 2.
Rulesnew text begin , policies, and conditionsnew text end .
The office shall adopt policies and new text begin may
new text end prescribe appropriate rules new text begin and conditions new text end to carry out the purposes of sections 136A.15 to
136A.1702. deleted text begin The policies and rules except as they relate to loans under section 136A.1701
must be compatible with the provisions of the National Vocational Student Loan Insurance
Act of 1965 and the provisions of title IV of the Higher Education Act of 1965, and any
amendments thereof.
deleted text end
Sec. 7.
Minnesota Statutes 2016, section 136A.16, subdivision 5, is amended to read:
Sec. 8.
Minnesota Statutes 2016, section 136A.16, subdivision 8, is amended to read:
Subd. 8.
Investment.
Money made available to the office that is not immediately needed
for the purposes of sections 136A.15 to deleted text begin 136A.1702deleted text end new text begin 136A.1704new text end may be invested by the
office. The money must be invested in bonds, certificates of indebtedness, and other fixed
income securities, except preferred stocks, which are legal investments for the permanent
school fund. The money may also be invested in prime quality commercial paper that is
eligible for investment in the state employees retirement fund. All interest and profits from
such investments inure to the benefit of the office or may be pledged for security of bonds
issued by the office or its predecessors.
Sec. 9.
Minnesota Statutes 2016, section 136A.16, subdivision 9, is amended to read:
Sec. 10.
Minnesota Statutes 2016, section 136A.162, is amended to read:
136A.162 CLASSIFICATION OF DATA.
(a) Except as provided in paragraphs (b) and (c), data on applicants for financial assistance
collected and used by the office for student financial aid programs administered by that
office are private data on individuals as defined in section 13.02, subdivision 12.
(b) Data on applicants may be disclosed to the commissioner of human services to the
extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5).
(c) The following data collected in the Minnesota supplemental loan program under
deleted text begin sectiondeleted text end new text begin sectionsnew text end 136A.1701 new text begin and 136A.1704 new text end may be disclosed to a consumer credit reporting
agency only if the borrower and the cosigner give informed consent, according to section
13.05, subdivision 4, at the time of application for a loan:
(1) the lender-assigned borrower identification number;
(2) the name and address of borrower;
(3) the name and address of cosigner;
(4) the date the account is opened;
(5) the outstanding account balance;
(6) the dollar amount past due;
(7) the number of payments past due;
(8) the number of late payments in previous 12 months;
(9) the type of account;
(10) the responsibility for the account; and
(11) the status or remarks code.
Sec. 11.
Minnesota Statutes 2016, section 136A.1701, subdivision 7, is amended to read:
Subd. 7.
Repayment of loans.
deleted text begin (a)deleted text end The office shall establish repayment procedures for
loans made under this sectiondeleted text begin , but in no event shall the period of permitted repayment for
SELF II or SELF III loans exceed ten years from the eligible student's termination of the
student's postsecondary academic or vocational program, or 15 years from the date of the
student's first loan under this section, whichever is lessdeleted text end new text begin in accordance with the policies,
rules, and conditions authorized under section 136A.16, subdivision 2. The office will take
into consideration the loan limits and current financial market conditions when establishing
repayment termsnew text end .
deleted text begin
(b) For SELF IV loans, eligible students with aggregate principal loan balances from
all SELF phases that are less than $18,750 shall have a repayment period not exceeding ten
years from the eligible student's graduation or termination date. For SELF IV loans, eligible
students with aggregate principal loan balances from all SELF phases of $18,750 or greater
shall have a repayment period not exceeding 15 years from the eligible student's graduation
or termination date. For SELF IV loans, the loans shall enter repayment no later than seven
years after the first disbursement date on the loan.
deleted text end
deleted text begin
(c) For SELF loans from phases after SELF IV, eligible students with aggregate principal
loan balances from all SELF phases that are:
deleted text end
deleted text begin
(1) less than $20,000, must have a repayment period not exceeding ten years from the
eligible student's graduation or termination date;
deleted text end
deleted text begin
(2) $20,000 up to $40,000, must have a repayment period not exceeding 15 years from
the eligible student's graduation or termination date; and
deleted text end
deleted text begin
(3) $40,000 or greater, must have a repayment period not exceeding 20 years from the
eligible student's graduation or termination date. For SELF loans from phases after SELF
IV, the loans must enter repayment no later than nine years after the first disbursement date
of the loan.
deleted text end
Sec. 12.
Minnesota Statutes 2016, section 136A.1702, is amended to read:
136A.1702 LEGISLATIVE OVERSIGHT.
new text begin (a) new text end The office shall notify the chairs of the legislative committees with primary
jurisdiction over higher education finance of any proposed material change to any of its
student loan programs, including loan refinancing under section 136A.1704, prior to making
the change.
new text begin
(b) By December 1 of each year, the commissioner shall submit a report to the chairs
and ranking minority members of the senate and house of representatives committees having
jurisdiction over the Office of Higher Education regarding the balance of the following
accounts in the special revenue fund:
new text end
new text begin
(1) the aviation degree loan forgiveness program account established by section
136A.1789, subdivision 2;
new text end
new text begin
(2) the teacher shortage loan forgiveness program repayment account established by
section 136A.1791, subdivision 8;
new text end
new text begin
(3) the agricultural education loan forgiveness account established by section 136A.1794,
subdivision 2; and
new text end
new text begin
(4) the large animal veterinarian loan forgiveness program account established by section
136A.1795, subdivision 2.
new text end
Sec. 13.
Minnesota Statutes 2017 Supplement, section 136A.1789, subdivision 2, is
amended to read:
Subd. 2.
Creation of account.
(a) An aviation degree loan forgiveness program account
is establishednew text begin in the special revenue fundnew text end to provide qualified pilots and qualified aircraft
technicians with financial assistance in repaying qualified education loans. The commissioner
must use money from the account to establish and administer the aviation degree loan
forgiveness program.
(b) Appropriations made to the aviation degree loan forgiveness program account do
not cancel and are available until expended.
Sec. 14.
Minnesota Statutes 2016, section 136A.1791, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Funddeleted text end new text begin Accountnew text end established.
A teacher shortage loan forgiveness repayment
deleted text begin funddeleted text end new text begin accountnew text end is creatednew text begin in the special revenue fundnew text end for depositing money appropriated to
or received by the commissioner for the program. Money deposited in the fund shall not
revert to any state fund at the end of any fiscal year but remains in the loan forgiveness
repayment fund and is continuously available for loan forgiveness under this section.
Sec. 15.
Minnesota Statutes 2016, section 136A.1795, subdivision 2, is amended to read:
Subd. 2.
Establishment; administration.
(a) The commissioner shall establish and
administer a loan forgiveness program for large animal veterinarians who:
(1) agree to practice in designated rural areas that are considered underserved; and
(2) work full time in a practice that is at least 50 percent involved with the care of food
animals.
(b)new text begin A large animal veterinarian loan forgiveness program account is established in the
special revenue fund. The commissioner must use money from the account to establish and
administer the program under this section. Appropriations to the commissioner for the
program are for transfer to the fund.
new text end
new text begin (c)new text end Appropriations made to the program do not cancel and are available until expended.
Sec. 16.
Minnesota Statutes 2017 Supplement, section 136A.646, is amended to read:
136A.646 ADDITIONAL SECURITY.
(a) New schools that have been granted conditional approval for degrees or names to
allow them the opportunity to apply for and receive accreditation under section 136A.65,
subdivision 7, deleted text begin ordeleted text end new text begin shall provide a surety bond in a sum equal to ten percent of the net revenue
from tuition and fees in the registered institution's prior fiscal year, but in no case shall the
bond be less than $10,000.
new text end
new text begin (b)new text end Any registered institution that is notified by the United States Department of Education
that it has fallen below minimum financial standards and that its continued participation in
Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal
Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit Alternative, Code
of Federal Regulations, title 34, section 668.175, paragraph (c), shall provide a surety bond
in a sum equal to the "letter of credit" required by the United States Department of Education
in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor
more than $250,000.new text begin In the event the letter of credit required by the United States Department
of Education is higher than ten percent of the Title IV, Higher Education Act program funds
received by the institution during its most recently completed fiscal year, the office shall
reduce the office's surety requirement to represent ten percent of the Title IV, Higher
Education Act program funds received by the institution during its most recently completed
fiscal year, subject to the minimum and maximum in this paragraph.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end In lieu of a bond, the applicant may deposit with the commissioner of management
and budget:
(1) a sum equal to the amount of the required surety bond in cash;
(2) securities, as may be legally purchased by savings banks or for trust funds, in an
aggregate market value equal to the amount of the required surety bond; or
(3) an irrevocable letter of credit issued by a financial institution to the amount of the
required surety bond.
deleted text begin (c)deleted text end new text begin (d)new text end The surety of any bond may cancel it upon giving 60 days' notice in writing to
the office and shall be relieved of liability for any breach of condition occurring after the
effective date of cancellation.
deleted text begin (d)deleted text end new text begin (e)new text end In the event of a school closure, the additional security must first be used to
destroy any private educational data under section 13.32 left at a physical campus in
Minnesota after all other governmental agencies have recovered or retrieved records under
their record retention policies. Any remaining funds must then be used to reimburse tuition
and fee costs to students that were enrolled at the time of the closure or had withdrawn in
the previous 120 calendar days but did not graduate. Priority for refunds will be given to
students in the following order:
(1) cash payments made by the student or on behalf of a student;
(2) private student loans; and
(3) Veteran Administration education benefits that are not restored by the Veteran
Administration. If there are additional security funds remaining, the additional security
funds may be used to cover any administrative costs incurred by the office related to the
closure of the school.
Sec. 17.
Minnesota Statutes 2017 Supplement, section 136A.822, subdivision 6, is amended
to read:
Subd. 6.
Bond.
(a) No license shall be issued to any private career school which
maintains, conducts, solicits for, or advertises within the state of Minnesota any program,
unless the applicant files with the office a continuous corporate surety bond written by a
company authorized to do business in Minnesota conditioned upon the faithful performance
of all contracts and agreements with students made by the applicant.
(b)(1) The amount of the surety bond shall be ten percent of the preceding year's net
deleted text begin incomedeleted text end new text begin revenuenew text end from student tuition, fees, and other required institutional charges collected,
but in no event less than $10,000, except that a private career school may deposit a greater
amount at its own discretion. A private career school in each annual application for licensure
must compute the amount of the surety bond and verify that the amount of the surety bond
complies with this subdivision. A private career school that operates at two or more locations
may combine net deleted text begin incomedeleted text end new text begin revenuenew text end from student tuition, fees, and other required institutional
charges collected for all locations for the purpose of determining the annual surety bond
requirement. The net new text begin revenue from new text end tuition and fees used to determine the amount of the
surety bond required for a private career school having a license for the sole purpose of
recruiting students in Minnesota shall be only that paid to the private career school by the
students recruited from Minnesota.
(2) A person required to obtain a private career school license due to the use of
"academy," "institute," "college," or "university" in its name and which is also licensed by
another state agency or board, except not including those schools licensed exclusively in
order to participate in state grants or SELF loan financial aid programs, shall be required
to provide a school bond of $10,000.
(c) The bond shall run to the state of Minnesota and to any person who may have a cause
of action against the applicant arising at any time after the bond is filed and before it is
canceled for breach of any contract or agreement made by the applicant with any student.
The aggregate liability of the surety for all breaches of the conditions of the bond shall not
exceed the principal sum deposited by the private career school under paragraph (b). The
surety of any bond may cancel it upon giving 60 days' notice in writing to the office and
shall be relieved of liability for any breach of condition occurring after the effective date
of cancellation.
(d) In lieu of bond, the applicant may deposit with the commissioner of management
and budget a sum equal to the amount of the required surety bond in cash, an irrevocable
letter of credit issued by a financial institution equal to the amount of the required surety
bond, or securities as may be legally purchased by savings banks or for trust funds in an
aggregate market value equal to the amount of the required surety bond.
(e) Failure of a private career school to post and maintain the required surety bond or
deposit under paragraph (d) may result in denial, suspension, or revocation of the school's
license.
Sec. 18.
Minnesota Statutes 2016, section 136A.822, subdivision 10, is amended to read:
Subd. 10.
Catalog, brochure, or electronic display.
Before a license is issued to a
private career school, the private career school shall furnish to the office a catalog, brochure,
or electronic display including:
(1) identifying data, such as volume number and date of publication;
(2) name and address of the private career school and its governing body and officials;
(3) a calendar of the private career school showing legal holidays, beginning and ending
dates of each course quarter, term, or semester, and other important dates;
(4) the private career school policy and regulations on enrollment including dates and
specific entrance requirements for each program;
(5) the private career school policy and regulations about leave, absences, class cuts,
make-up work, tardiness, and interruptions for unsatisfactory attendance;
(6) the private career school policy and regulations about standards of progress for the
student including the grading system of the private career school, the minimum grades
considered satisfactory, conditions for interruption for unsatisfactory grades or progress, a
description of any probationary period allowed by the private career school, and conditions
of reentrance for those dismissed for unsatisfactory progress;
(7) the private career school policy and regulations about student conduct and conditions
for dismissal for unsatisfactory conduct;
(8) a detailed schedule of fees, charges for tuition, books, supplies, tools, student
activities, laboratory fees, service charges, rentals, deposits, and all other charges;
(9) the private career school policy and regulations, including an explanation of section
136A.827, about refunding tuition, fees, and other charges if the student does not enter the
program, withdraws from the program, or the program is discontinued;
(10) a description of the available facilities and equipment;
(11) a course outline syllabus for each course offered showing course objectives, subjects
or units in the course, type of work or skill to be learned, and approximate time, hours, or
credits to be spent on each subject or unit;
(12) the private career school policy and regulations about granting credit for previous
education and preparation;
(13) a notice to students relating to the transferability of any credits earned at the private
career school to other institutions;
(14) a procedure for investigating and resolving student complaints; deleted text begin and
deleted text end
(15) the name and address of the officenew text begin ; and
new text end
new text begin (16) the student complaint process and rights under section 136A.8295new text end .
A private career school that is exclusively a distance education school is exempt from
clauses (3) and (5).
Sec. 19.
Minnesota Statutes 2017 Supplement, section 136A.8295, is amended by adding
a subdivision to read:
new text begin Subd. 6. new text end
new text begin Disclosure. new text end
new text begin
Schools must disclose on their Web site, student handbook, and
student catalog the student complaint process under this section to students.
new text end
Sec. 20.
Laws 2017, chapter 89, article 1, section 2, subdivision 29, is amended to read:
Subd. 29.Emergency Assistance for
|
175,000 |
175,000 |
||||
(a) This appropriation is for the Office of
Higher Education to allocate grant funds on a
matching basis to deleted text begin schoolsdeleted text end new text begin eligible institutions
as defined under Minnesota Statutes, section
136A.103, located in Minnesotanew text end with a
demonstrable homeless student population.
(b) This appropriation shall be used to meet
immediate student needs that could result in
a student not completing the term or their
program including, but not limited to,
emergency housing, food, and transportation.
Emergency assistance does not impact the
amount of state financial aid received.
(c) The commissioner shall determine the
application process and the grant amounts.
Any balance in the first year does not cancel
but shall be available in the second year. The
Office of Higher Education shall partner with
interested postsecondary institutions, other
state agencies, and student groups to establish
the programs.
Sec. 21.
Laws 2017, chapter 89, article 1, section 2, subdivision 31, is amended to read:
Subd. 31.Teacher Shortage Loan Forgiveness
|
200,000 |
200,000 |
||||
Fornew text begin transfer tonew text end thenew text begin teacher shortagenew text end loan
forgiveness deleted text begin programdeleted text end new text begin repayment account in the
special revenue fundnew text end under Minnesota
Statutes, section 136A.1791new text begin , subdivision 8new text end .
The commissioner may use no more than three
percent of this appropriation to administer the
program under this subdivision.
Sec. 22.
Laws 2017, chapter 89, article 1, section 2, subdivision 32, is amended to read:
Subd. 32.Large Animal Veterinarian Loan
|
375,000 |
375,000 |
||||
For new text begin transfer to new text end the large animal veterinarian
loan forgiveness program new text begin account in the
special revenue fund new text end under Minnesota
Statutes, section 136A.1795new text begin , subdivision 2new text end .
Sec. 23.
Laws 2017, chapter 89, article 1, section 2, subdivision 33, is amended to read:
Subd. 33.Agricultural Educators Loan
|
50,000 |
50,000 |
||||
For deleted text begin deposit indeleted text end new text begin transfer tonew text end the agricultural
education loan forgiveness accountnew text begin in the
special revenue fund under Minnesota
Statutes, section 136A.1794, subdivision 2new text end .
Sec. 24.
Laws 2017, chapter 89, article 1, section 2, subdivision 34, is amended to read:
Subd. 34.Aviation Degree Loan Forgiveness
|
25,000 |
25,000 |
||||
For new text begin transfer to new text end the aviation degree loan
forgiveness program new text begin account in the special
revenue fund new text end under Minnesota Statutes,
section 136A.1789new text begin , subdivision 2new text end .
Sec. 25. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, sections 136A.15, subdivisions 2 and 7; and 136A.1701,
subdivision 12,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: H4328-2
120B.299 DEFINITIONS.
Subd. 7.
Low growth.
"Low growth" is an assessment score one-half standard deviation below the state growth target.
Subd. 8.
Medium growth.
"Medium growth" is an assessment score within one-half standard deviation above or below the state growth target.
Subd. 9.
High growth.
"High growth" is an assessment score one-half standard deviation or more above the state growth target.
Subd. 11.
Growth and progress toward proficiency.
The categories of low growth, medium growth, and high growth shall be used to indicate both (1) growth and (2) progress toward grade-level proficiency that is consistent with subdivision 10.
122A.09 DUTIES.
Subdivision 1.
Code of ethics.
The Professional Educator Licensing and Standards Board must develop by rule a code of ethics covering standards of professional teaching practices, including areas of ethical conduct and professional performance and methods of enforcement.
136A.15 DEFINITIONS.
Subd. 2.
Academic year or its equivalent.
"Academic year or its equivalent" shall be as defined in the federal regulations which govern the administration of the National Vocational Student Loan Insurance Act of 1965 and title IV of the Higher Education Act of 1965.
Subd. 7.
Eligible lender.
"Eligible lender" means an eligible institution, an agency or instrumentality of a state, or a financial or credit institution (including an insurance company) which is subject to examination and supervision by an agency of the state of Minnesota or of the United States.
136A.1701 SUPPLEMENTAL AND ADDITIONAL LOANS.
Subd. 12.
Eligible student.
"Eligible student" means a student who is a Minnesota resident who is enrolled or accepted for enrollment at an eligible institution in Minnesota or in another state or province. Non-Minnesota residents are eligible students if they are enrolled or accepted for enrollment in a minimum of one course of at least 30 days in length during the academic year that requires physical attendance at an eligible institution located in Minnesota. Non-Minnesota resident students enrolled exclusively during the academic year in correspondence courses or courses offered over the Internet are not eligible students. Non-Minnesota resident students not physically attending classes in Minnesota due to enrollment in a study abroad program for 12 months or less are eligible students. Non-Minnesota residents enrolled in study abroad programs exceeding 12 months are not eligible students. For purposes of this section, an "eligible student" must also meet the eligibility requirements of section 136A.15, subdivision 8.
Repealed Minnesota Rule: H4328-2
8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.
Subpart 1.
Scope.
Each teacher, upon entering the teaching profession, assumes a number of obligations, one of which is to adhere to a set of principles which defines professional conduct. These principles are reflected in the following code of ethics, which sets forth to the education profession and the public it serves standards of professional conduct and procedures for implementation.
This code shall apply to all persons licensed according to rules established by the Professional Educator Licensing and Standards Board.
8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.
Subp. 2.
Standards of professional conduct.
The standards of professional conduct are as follows:
B.
A teacher shall make reasonable effort to protect the student from conditions harmful to health and safety.
C.
In accordance with state and federal laws, a teacher shall disclose confidential information about individuals only when a compelling professional purpose is served or when required by law.
D.
A teacher shall take reasonable disciplinary action in exercising the authority to provide an atmosphere conducive to learning.
E.
A teacher shall not use professional relationships with students, parents, and colleagues to private advantage.
H.
A teacher shall not knowingly falsify or misrepresent records or facts relating to that teacher's own qualifications or to other teachers' qualifications.
J.
A teacher shall accept a contract for a teaching position that requires licensing only if properly or provisionally licensed for that position.